AGREEMENT INTRACRAFT TRANSFER POLICY FOR OPERATING CRAFT EMPLOYEES OF UNION PACIFIC RAILROAD

Effective Date: November 18, 2009

Purpose

• This policy outlines procedures and guidelines for employees who want to request a transfer as an operating craft employee to a different work location.
• Consideration will be given to active and furloughed employees, assuming they meet the eligibility thresholds, concurrent with external applicants in selection for agreement vacancies unless otherwise indicated on a job posting.  This policy is not intended to prevent an employee from exercising any existing right of transfer to positions that are within the provisions of collective bargaining agreements.

Definition of an Intracraft Transfer

For purposes of this policy “Intracraft Transfer” means: any re-assignment from one operating craft to an operating craft position at a different work location/seniority district that has not been agreed to under the applicable collective bargaining agreements.  An example would be a transfer from an operating craft  in Tucson to an operating craft in the Twin Cities.

Eligibility Threshold

Before an employee will be considered eligible for transfer under this policy, the employee must satisfy the following:

1.  Safety Record: An employee is not eligible for transfer if his/her personal record demonstrates a disregard for safety. An employee may not have had a documented safety rule violation that resulted in discipline within five years of applying for transfer to another location.

2.  Discipline:

• An employee is not eligible for transfer if he/she has discipline pending or is undergoing an investigation. The Company shall assume no liability for denying a transfer in cases where discipline is later overturned in an arbitration award. An employee who has received formal discipline will be ineligible to transfer under this policy for the retention period for the employee's offense. The retention period begins with the date of the incident resulting in disciplinary action.
• An employee will not be considered if he/she has had a decertification event in the last 5 years. The Company shall assume no liability for denying a request to transfer in cases where a decertification / revocation / suspension is later overturned in any administrative proceeding.
• An employee returned to service from Level 5 dismissal on a leniency basis (other than Rule 1.5) will be eligible at their previous level or a Level 3, whichever is greater. The waiting period will be a minimum of 18 months before applying for transfer under this policy.
• An employee who has violated General Code of Operating Rule 1.5 Drugs and Alcohol and/or is covered by the Companion Agreement within the past 12 months will not be eligible for transfer. An employee who has violated General Code of Operating Rules 1.5 Drugs and Alcohol and/or is covered by the Companion Agreement within the previous 24 months must have approval from the Employee Assistance Program that a follow-up program has been successfully completed.

3. Absenteeism Record: An employee is not eligible for transfer if he/she has an active record in any of the 3 phases of the Absenteeism policy.

4. Service:

• Qualified locomotive engineers or engineers in training will be eligible to transfer under this policy if a sufficient number of demoted engineers remain at the location the employee is transferring from to protect anticipated volumes and service levels.
• An employee will not be allowed to transfer if he/she is subject to an existing relocation agreement or program.
  • Furloughed employees are exempt from the existing relocation program restriction
• An employee must have two years of continuous service as an operating craft employee in order to be eligible to transfer under this policy except as follows:
  • Furloughed employees are exempt from the 2 year rule
  • Employees who have less than 2 years of continuous service and are working on a seniority district/hub that has furloughed employees are exempt from the 2 year rule.

Selection Criteria

From those employees who are eligible for transfer based on the above criteria, employees will be selected for transfer provided they satisfy all job specific criteria (education, experience, etc.); have successfully completed all testing requirements outlined in the job posting; and meet the following selection criteria:

• Provide Quality Service: Display job performance that exceeds expectations, with emphasis on problem solving and adapting and reacting to changing conditions on a job; execute the Company's service delivery goals by exhibiting an understanding and appreciation of the importance of the need for high quality service;
• Active engagement in Company's operating and safety goals: working cooperatively with co-employees and management to achieve a safe working environment for all employees and members of the community while displaying the highest ethical standards; and,
• Demonstrate Respect for the Company, its customers, and colleagues: including legal compliance, strong communication skills, and respectful interaction with others.

Limitation

The Company reserves the right to reject or limit the number of transfer opportunities for any reason, including, but not limited to, the needs of the Company’s service and the continued safe and efficient operation of trains.

Application Process

• Human Resources posts anticipated vacancies online at www.unionpacific.jobs.
• Employee must complete and submit an online Train Service “Transfer Application” for the posted position. As Intracraft Transfer Opportunities are available, they will be posted at www.unionpacific.jobs.
• Eligibility Thresholds will be applied.
• Selection Criteria will be considered by department managers who will select the employees for transfer.
• The employee will need to monitor their status in the Applicant Account Center at www.unionpacific.jobs for next steps in the transfer process.
• If an employee is offered a position/granted a transfer the employee will be required to successfully qualify on a medical assessment, background investigation and physical ability test as required for the position.
• Employees who successfully qualify on the above assessments will be required to execute a Transfer Agreement with the company relinquishing all their seniority at their current location in both train and engine service and establishing seniority in train service at the transfer location.