Agreements Etc...

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Brothers and Sisters,

Attached below for your records is the fully executed Time off for Illness and Wellness Agreement. The Carrier is sending information out today to all employees with instructions on how to utilize the newly acquired paid sick days.

Fraternally,

Luke Edington

General Chairman

SMART TD GO-953

1

AGREEMENT

BETWEEN

UNION PACIFIC RAILROAD

AND

SMART - TRANSPORTATION DIVISION

(UP SYSTEM)

TIME OFF FOR ILLNESS AND WELLNESS

This Agreement is made by and between Union Pacific Railroad (“UP” or the “Carrier”) and the

Sheet Metal, Air, Rail Transportation Division (SMART-TD), as representative of UP employees

in the craft or class of trainperson regardless of assignment in road or yard service (including

Hostler/Hostler Helper & Firemen in Training) pursuant to the Railway Labor Act, as amended, 45

U.S.C. § 151 etseq. This Agreement will modify Article IV, Side Letter #3 and the associated Q&As

of Public Law No. 117-216.

Article I. Paid Sick Leave

A. Effective January 1, 2024, employees in all classes of service shall be provided five (5)

days annually of paid sick days (PS) to be used for absences related to or resulting from

the employee’s or family member’s physical illness/injury, mental illness, doctor and

dental appointments, and hearing and vision appointments, or medical conditions. PS days

will be paid at the basic daily rate of pay of the last service performed by the trainperson.

B. Pursuant to Public Law No. 117-216, Article IV (Personal Leave), the additional paid

leave day (“AD” day) will be paid at the basic daily rate of pay of the last service performed

by the trainperson. This will be in addition to the paid sick time afforded above. The AD

day may be used at any time on any day of the week and cannot be denied by the Carrier

except for the Fourth of July, Thanksgiving, the day after Thanksgiving, Christmas Eve

and Christmas Day. Beginning at 18:00 on the day preceding the Fourth of July,

Thanksgiving, and Christmas Eve, the AD day will be subject to supply and demand.

C. In addition to the PS days described above, employees in all classes of service who meet the

qualifying vacation requirements of the National Vacation Agreement shall be permitted to

utilize up to a maximum of three (3) single vacation days as paid sick leave. Employees will

be given the option to convert these three vacation days to paid sick leave during the annual

vacation scheduling process for each calendar year. Converted vacation days will be taken

and paid at the employee’s 1/52nd rate or basic daily rate of pay of the last service performed,

whichever is higher.

NOTE: The parties agree the paid sick leave provided herein to all employees in all classes of

service is intended to satisfy the obligation to provide unpaid scheduled days off that are

necessary to attend up to three routine and preventative medical care visits per calendar year

for employees in unassigned service provided for in paragraphs two (2) and three (3) of Side

Letter #3 of Public Law No. 117-216, and described in the related Q&As. The remaining 2

paragraphs in Side Letter #3 remain unchanged.

D. Employees will be permitted to use paid sick leave in twenty-four (24) hour increments.

NOTE: A trainperson may mark up ahead of the expiration of the 24-hour layoff

subject to their existing CBA rules regarding layoffs. However, one day of

paid sick leave will be deducted regardless of the duration of the layoff if

less than 24 hours.

E. Paid sick leave will not be counted as a “bridge” day for purposes of qualification for

holiday pay pursuant to Local and/or National Agreement holiday rules.

F. Paid sick leave will be considered a layoff for existing agreements requiring a trainperson

to be “marked up” in order to qualify for compensation for an annulled/laid-in day.

G. Employees working positions that provide for a guarantee, the compensation for days of

paid sick leave will be handled in the same manner as other compensated leave under any

new or existing guaranteed board agreements. Paid sick leave will also be treated in the

same manner as other compensated leave with regard to the offset and/or forfeiture of

guarantee under any new and/or existing guaranteed board agreements.

H. Paid sick leave will count as compensated time earned for purposes of Health and Welfare

qualification and towards an employee’s 1/52 vacation rate of pay. Current year paid sick

leave will not count for purposes of vacation, personal leave and/or Family Medical Leave

qualification.

I. Employees who are dismissed or suspended from service but whose discipline is

subsequently removed or overturned through arbitration, voluntary settlement, or other

means, shall receive pay for paid sick leave lost, to the extent applicable. The employee

shall also qualify for and be credited for accrued paid sick leave to be used in the current

year that the employee would have otherwise received, to the extent applicable (see chart

below in #1).

1. Employees returned to service from dismissal or suspension (with or without backpay)

who were dismissed or suspended as of January 1st of the current year will qualify for

PS days to be used in the current year the trainperson is returned and marked up for

service, to the extent applicable, as indicated in the chart below based upon the specific

date in the calendar year the employee is returned and marked-up for service:

Returned and Marked-Up

for Service Between

PS Day(s)

Available for Use

January 1st - March 13th Five (5) PS days

March 14th - May 24th Four (4) PS days

May 25th - August 4th Three (3) PS days

August 5th - October 15th Two (2) PS days

October 16th - November 30th One (1) PS day

December 1st – December 31st None

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2. Employees returning to service per Article I, Section I qualifying for vacation upon

return may also elect to convert single vacation days to paid sick leave as follows

depending on the date returning to service:

January 1 – April 30: may elect to convert three (3) single vacation days, if available,

to paid sick leave per Article I.C.

May 1 – August 31: may elect to convert two (2) single vacation days, if available,

to paid sick leave per Article I.C.

September 1 – November 30: may elect to convert one (1) single vacation day, if

available, to paid sick leave per Article I.C.

This will be in addition to the prorated days received as outlined in Article I Section

I.1.

3. This Section I also applies to new hires, employees returning to service from furlough,

employees who were on a leave of absence at the start of the calendar year, and/or

company officers returning to the craft after the start of the calendar year. New Hires

will receive paid sick leave as shown in the chart in Section I(1) after 100 days from

start date in train service, extended for any period of inactive status, as defined in Article

II.D.1.

Article II. Banking Paid Sick (PS) Days, Additional Day (AD), & Personal Leave (PL) Days

A. Paid sick leave days, an unused additional day (AD) day, and personal leave (PL) days that

are due, but not taken by the end of each calendar year, will be accumulated and banked, up

to a maximum of sixty (60) combined days, unless otherwise required by applicable law.

Except as otherwise provided for in this Agreement, banked days will be paid out upon

retirement, termination, resignation, or death at the basic daily rate of the last service

performed (including any applicable GWI/COLA increases). Banked paid sick leave

converted from vacation days will be paid at the basic daily rate of the last service

performed.

B. Existing agreement provisions allowing for the carryover of PL days and requiring the

“burn” of available PL days and single vacation days are hereby eliminated.

C. After exhausting all other vacation, current year paid sick leave, PL days, and the additional

day (AD), trainpersons assigned in all classes of service may request to cash out banked

paid sick leave and PL daysfor an approved medical leave of absence(s). Once approved, these

days will be paid at the basic daily rate of the last service performed (including any

applicable GWI/COLA increases) prior to the approved leave of absence. The number of

days to be cashed out, in addition to other compensated leave used, cannot exceed the

number of days out of service.

D. Each year, between October 15th and November 1st trainpersons may make (1) irrevocable

request to “cash out” all or a portion of their banked days by electronic written request to 4

the Carrier’s Timekeeping Department. Requests made outside of this time frame will not

be honored unless approved by the General Chairperson and Labor Relations Director. The

parties agree to consider more frequent options for cashing out banked days as the process

may be automated through advances in current technology.

1. An employee gets one (1) request per year regardless of class of service and must

be in an active status. Employees are considered in an “active” status unless they

are furloughed, decertified, disqualified, terminated due to a rules violation, or on

medical, short-term, or any other type of leave of absence.

2. Unless otherwise required by law, payment will be made by no later than December

15th, each calendar year at the basic daily rate of the last service performed

(including any applicable GWI/COLA increases) on the date of the request for

payment.

E. It is not the intent of this Agreement to provide PL days to trainpersons who are not

otherwise eligible for PL days under existing agreements (i.e., trainpersons covered by

holiday pay/assignment rules).

F. If there is a discrepancy regarding the number of days of paid sick leave and/or PL days

banked or not banked, the discrepancy must be electronically filed with the Carrier’s

Timekeeping Payroll Services no later than March 1 of the subsequent calendar year.

Article III. General Provisions

A. Paid sick leave may be requested at any time on any day of the week and cannot be denied

by the Carrier. Paid sick days converted from vacation days will be utilized ahead of PS

days.

B. Employees will be required to utilize paid sick leave ahead of any other unpaid layoff for

sickness or sickness in family.

Example: Employee A has 3 days of paid sick leave available for use. Employee A

attempts to layoff sick through the Carrier’s reporting system. Employee A

will be placed in paid sick leave status and their available paid sick leave

will be reduced by 1 day.

C. Paid sick leave will not result in any discipline under the Carrier’s Attendance Policy.

D. In certain cases where an employee uses consecutive days of paid sick leave or uses paid

sick leave days in conjunction with other leave, the Carrier may require employees to

provide medical documentation to support the use of paid sick leave. Nothing in this

Agreement is intended to change the Carrier’s existing return to work or fitness for duty

processes or practices. E. There will be no duplication of benefits for employees who ebb and flow between train

and engine service or any other craft during any calendar year. Paid sick leave provided

for in this Agreement, may only be utilized as a layoff while working as a trainperson. It

is understood that regardless of craft, the combined number of allotted paid sick days will

not exceed the number provided in Article I.

F. The provisions of this Article have no effect on and in no way alter collective bargaining

agreement terms regarding paid time off and the application thereof for trainpersons,

including but not limited to the use of paid vacation (Local and National Vacation

Agreements and the subsequent amendments thereto) and paid personal leave days, other

than as modified herein.

G. Should any applicable federal or state legislation, regulation, or Executive Order become

effective granting employees access to more paid time off for sickness than provided for

in this Agreement or permits the use of sick related leave for purposes other than provided

for in this Agreement, the parties will meet promptly to negotiate an appropriate

amendment to this Agreement.

H. This Agreement is made without prejudice to any party’s position. In the event the

provisions of this Agreement conflict in any manner with the provisions of existing Local,

National, or collective bargaining agreement rules, the terms and conditions of this

Agreement will govern.

AGREED, this day of 2023.

Questions and Answers: Tentative SMART-TD Paid Sick Agreement

ARTICLE I

Q1: Do employees still have the ability to layoff for Medical Days (MD)?

A1: As of January 1, 2024, MD days are eliminated and replaced with Article I, (c) of this

Agreement.

ARTICLE II

Q2: What happens when your 60-day bank is full and you have unused days at the end of

the year?

A2: Any unused days in excess of 60 days will be forfeited.

Q3: I already have 60 days in my bank. How do I avoid forfeiting unused days at the end of

year?

A3: To avoid forfeiting unused days, the employee must either use the days or make the election

outlined in Article II(d) to cash out days that will exceed the 60 day limit.

Q4: If an employee is pulled out of service in the Fitness for Duty (FFD) process are they

allowed to cash out their banked days for the time they are withheld?

A4: Yes, employees will be allowed access to their banked day(s).

Q5: If an employee who is pulled from service in the Fitness for Duty process or withheld in

a medical status and is subsequently returned to service and made whole, but cashed out

days from their bank what happens to the used bank days?

A5: Since they have already been paid, the employee will no longer have those bank days, but

the payment for bank days will not be used to offset the make whole for any portion of the time

withheld.

ARTICLE III

Q6: How are employees handled under Ebb/Flow?

A6: Employees will be handled in accordance with the applicable agreement of the craft they are

working under at the time.

Q7: Will I get attendance points for taking paid sick leave?

A7: No, but paid sick leave will break the period for the purpose of determining eligibility for

credit under the current Attendance Policy. An employee could be subject to discipline or

dismissal outside of the attendance policy for improper use of paid sick leave.

Q8: May I take consecutive days of paid sick leave without medical documentation?

A8: It may be necessary to take consecutive paid leave days in cases of illness. However, you

may be asked to provide medical documentation to support absences exceeding two or more consecutive paid leave days or cases where paid sick leave is used in conjunction with other

leave. Employees should communicate with their local managers about the need for extended

absences.

Side Letter #1

General Chairpersons:

The following will address the one-time administration of paid sick days (PS), the unused

additional day (AD), and remaining personal leave days for 2023:

1. If the effective date of this Agreement is no later than August 15, 2023, trainpersons

in all classes of service will be provided three (3) days of paid sick (PS). If the

effective date is later than August 15, 2023, the number of paid sick days provided

will be in accordance with Article I, I.1. Any paid sick days unused on or before

December 31, 2023 will automatically bank.

2. The administration of the additional day (AD) provided under Article 4 under

Public Law Board No. 117-216 will remain unchanged for 2023. An AD day that

is unused on or before December 31, 2023 will automatically bank.

3. Carryover provisions for the calendar year will be eliminated. Any personal leave

days remaining at the end of the calendar year will automatically bank.

4. Medical days provided under Side Letter #3 of the Public Law No. 117-216 will

remain unchanged for 2023.

Side Letter #2

July 10, 2023

Mr. Luke Edington

General Chairman – SMART TD

5990 SW 28th Street #F

Topeka, KS 66614

Dear Mr. Edington,

The parties agree due to the unique fiscal year provisions for Personal Leave Days on the

UP Eastern District property, a separate one-time administration of paid sick days (PS), the

unused additional day (AD) and remaining personal leave days for 2023 is necessary. Therefore,

the following will govern for the remaining of 2023:

1. If the effective date of this Agreement is no later than August 15, 2023, trainpersons

in all classes of service will be provided three (3) days of paid sick (PS). If the

effective date is later than August 15, 2023, the number of paid sick days provided

will be in accordance with Article I, I.1. Any paid sick days unused on or before

December 31, 2023 will automatically bank.

2. The administration of the additional day (AD) provided under Article 4 under

Public Law Board No. 117-216 will remain unchanged for 2023. An AD day that

is unused on or before December 31, 2023 will automatically bank.

3. Any carryover personal leave days remaining for the fiscal year ending July 31,

2023 will be allowed to be remained for use as a carryover personal leave day until

December 31, 2023. Any carryover personal leave days remaining after December

31, 2023 will automatically bank. Thereafter, personal leave days will be banked

on the subsequent fiscal years in accordance with Article II.

4. The handling of medical days provided under Side Letter #3 of Public Law Board

No. 117-226 will be handled as follows:

a. Trainpersons with their full allotment of medical days provided under Side

Letter #3 on or before the effective of the Agreement will be allowed to

utilize one (1) medical day provisions of Side Letter #3 for the remaining

of 2023.

b. Trainpersons who scheduled a medical day on or before the effective date

of the Agreement will remain scheduled for use; however, any additional

medical days for such trainpersons are eliminated.

c. Trainpersons who scheduled and used a medical day prior to the effective

date of this agreement will no longer have any additional medical days

available.