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BLE

MAY 19, 1986





APPENDIX B



AWARD of ARBITRATION BOARD NO. 458



DATED MAY 19, 1986



between railroads represented by the



NATIONAL CARRIERS' CONFERENCE COMMITTEE

and



employees of such railroads represented by the



BROTHERHOOD OF LOCOMOTIVE ENGINEERS



APPENDIX B



IT IS HEREBY AGREED:



ARTICLE 1 - GENERAL WAGE INCREASES



Section l - First General Wage Increase



(a) Effective July 1, 1986, all standard basic dally rates of pay

(excluding cost-of-living allowance) of employees represented by the

Brotherhood of Locomotive Engineers in effect on June 30, 1986 shall be

increased by one (1) percent.

(b) In computing the increase under paragraph (a) above, one (l) percent

shall be applied to the standard basic daliy rates of pay applicable in the

following weight-on-drivers brackets, and the amounts so produced shall be

added to each standard basic daily rate of pay:



Passenger - 600,000 and less than 650,000 pounds

Freight - 950,000 and less than 1,000,000 pounds

(through freight rates)

Yard Engineers - Less than 500,000 pounds

Yard Firemen - Less than 500,000 pounds

(separate computation covering five-day rates and other than five-day rates)



Section 2 - Second General Wage Increase



Effective July 1, 1986, following application of the wage increase

provided for in Section l(a) above, all standard basic daily rates of pay

(excluding cost-of-living allowance) of employees represented by the

Brotherhood of Locomotive Engineers in effect shall be further increased by

two (2) percent, computed and applied in the manner prescribed in Section l

above.



Section 3 - Third General Wage Increase



Effective October 1, 1986, all standard basic daily rates of pay

(excluding cost-of-living allowance) of employees represented by the

Brotherhood of Locomotive Engineers in effect on September 30, 1986, shall be

increased by one and one-half (1.5) percent, computed and applied in the

manner prescribed in Section 1 above.



Section 4 - Fourth General Wage Increase



Effective January 1, 1987, all standard basic daily rates of pay

(excluding cost-of-living allowance) of employees represented by the

Brotherhood of Locomotive Engineers in effect on December 31, 1986, shall be

increased by two and one-quarter (2.25) percent, computed and applied in the

manner prescribed in Section 1 above.



Section 5 - Fifth General Wage Increase

Effective July 1, 1987, all standard basic daily rates of pay (excluding

cost-of-living allowance) of employees represented by the Brotherhood of

Locomotive Engineers in effect on June 30, 1987, shall be increased by one and

one-half (1.5) percent, computed and applied in the manner prescribed in

Section 1 above.



Section 6 - Sixth General Wage Increase



Effective January 1, 1988, all standard basic daily rates of pay

(excluding cost-of-living allowance) of employees represented by the

Brotherhood of Locomotive Engineers in effect on December 31, 1987, shall be

increased by two and one-quarter (2.25) percent, computed and applied in the

manner prescribed in Section 1 above.



Section 7 - Standard Rates



The standard basic daily rates of pay (excluding cost-of-living allowance)

produced by application of the increases provided for in this Article are set

forth in Appendix 1, which is a part of this Agreement.



Section 8 - Application of Wage Increases



(a) Duplicate time payments, including arbitraries and special allowances

that are expressed in time, miles or fixed amounts of money, and mileage rates

of pay for miles run in excess of the number of miles comprising a basic day,

will not be subject to the adjustments provided for in this Article.



(b) Miscellaneous rates based upon hourly or daily rates of pay, as

provided in the schedules or wage agreements, shall be adjusted under this

Agreement in the same manner as heretofore increased under previous wage

agreements.



(c) In determining new hourly rates, fractions of a cent will be disposed

of by applying the next higher quarter of a cent.



(d) Daily earnings minima shall be changed by the amount of the respective

daily adjustments.



(e) Existing money differentials above existing standard daily rates shall

be maintained.



(f) In local freight service, the same differential in excess of through

freight rates shall be maintained.



(g) The differential of $4.00 per basic day in freight and yard service,

and $.04 per mile for miles in excess of the number of miles encompassed in

the basic day in freight service, will be maintained for engineers working

without firemen on locomotives on which under the former National Diesel

Agreement of 1950 firemen would have been required. Such differential will

continue to be applied in the same manner as the local freight differential.



(h) In computing the first increase in rates of pay effective July 1,

1986, under Section 1 for firemen employed in local freight service, or on

road switchers, roustabout runs, mine runs, or in other miscellaneous

service, on runs of miles equal to or less than the number comprising a basic

day, which are therefore paid on a daily basis without a mileage component,

whose rates had been increased by an additional $.40" effective July 1, 1968,

the one (1) percent increase shall be applied to daily rates in effect

June 30, 1986, exclusive of local freight differentials and any other money

differential above existing standard daily rates. For firemen, the rates

applicable in the weight-on-drivers bracket 950,000 and less than 1,000,000

pounds shall be utilized in computing the amount of increase. The same

procedure shall be followed in computing the second increase effective

July 1, 1986, and the subsequent increases effective October 1, 1986,

January 1, 1987, July 1, 1987 and January 1, 1988. The rates produced by

application of the standard local freight differentials and the above-

referred-to special increase of an additional $.40" to standard basic through

freight rates of pay are set forth in Appendix 1 which is a part of this

Agreement.



(i) Other than standard rates:



(i) Existing basic daily rates of pay other than standard shall be

changed, effective as of the dates specified in Sections 1 through 6 hereof,

by the same respective percentages as set forth therein, computed and applied

in the same manner as the standard rates were determined.



(ii) The differential of $4.00 per basic day in freight and yard service,

and $.04 per mile for miles in excess of the number encompassed in the basic

day in freight service, will be maintained for engineers working without

firemen on locomotives on which under the former National Diesel Agreement of

1950 firemen would have been required.

(iii) Daily rates of pay, other than standard, of firemen employed in

local freight service, or on road switchers, roustabout runs, mine runs, or

in other miscellaneous service, on runs of miles equal to or less than the

number encompassed in the basic day, which are therefore paid on a daily

basis without a mileage component, shall be increased as of the effective

dates specified in Sections 1 through 6 hereof, by the same respective

percentages as set forth therein, computed and applied in the same manner as

provided in paragraph (i)(i) above.



(j) Wage rates resulting from the increases provided for in Sections 1

through 6 of this Article I, and in Section 1(d) of Article II, will not be

reduced under Article II.

ARTICLE II - COST-OF-LIVING ADJUSTMENTS



Section 1 - Amount and Effective Dates of Cost-of-Living Adjustments

(a) The cost-of-living allowance which, on September 30, 1986 will be 13

cents per hour, will subsequently be adjusted, in the manner set forth in and

subject to all the provisions of paragraphs (e) and (g) below, on the basis of

the "Consumer Price Index for Urban Wage Earners and Clerical Workers (Revised

Series) (CPI-W)" (1967 = 100), U.S. Index, all items - unadjusted, as

published by the Bureau of Labor Statistics, U.S. Department of Labor, and

hereinafter referred to as the BLS Consumer Price Index. The first such cost-

of-living adjustment shall be made effective October 1, 1986, based (subject

to paragraph (e)(i) below) on the BLS Consumer Price Index for March 1986 as

compared with the index for September 1985. Such adjustment, and further cost-

of-living adjustments which will be made effective as described below, will

be based on the change in the BLS Consumer Price Index during the respective

measurement periods shown in the following table subject to the exception in

paragraph (e)(ii) below, according to the formula set forth in paragraph (f)

below as limited by paragraph (g) below:



Measurement Periods Effective Date

of Adjustment

Base Month Measurement Month

(1) (2) (3)

September 1985 March 1986 October 1, 1986

March 1986 September 1986 January 1, 1987

September 1986 March 1987 July 1, 1987

March 1987 September 1987 January 1, 1988



(b) While a cost-of-living allowance is in effect, such cost-of-living

allowance will apply to straight time, overtime, vacations, holidays and to

special allowances in the same manner as basic wage adjustments have been

applied in the past, except that any part of such allowance generated after

September 30, 1986 shall not apply to duplicate time payments, including

arbitraries and special allowances that are expressed in time, miles or fixed

amounts of money or to mileage rates of pay for miles run in excess of the

number of miles comprising a basic day.



(c) The amount of the cost-of-living allowance, if any, which will be

effective from one adjustment date to the next may be equal to, or greater or

less than, the cost-of-living allowance in effect in the preceding adjustment

period.



(d) On June 30, 1988 all of the cost-of-living allowance then in effect

shall be rolled into basic rates of pay and the cost-of-living allowance in

effect will be reduced to zero. Accordingly, the amount rolled in will not

apply to duplicate time payments, including arbitraries and special allowances

that are expressed in time, miles or fixed amounts of money, and mileage rates

of pay for miles run in excess of the number of miles comprising a basic day,

except to the extent that it includes part or all of the 13 cents per hour

allowance in effect on September 30, 1986.



(e) Cap. (i) In calculations under paragraph (f) below, the maximum

increase in the BLS Consumer Price Index (C.P.I.) which will be taken into

account will be as follows:



Effective Date Maximum C.P.I. Increase

of Adiustment Which May Be Taken into Account

(1) (2)



October 1, 1986 4% of September 1985 CPI



January 1, 1987 8% of September 1985 CPI,

less the increase from September

1985 to March 1986



July 1, 1987 4% of September 1986 CPI



January 1, 1988 8% of September 1986 CPI,

less the increase from Septem-

ber 1986 to March 1987







(ii) If the increase in the BLS Consumer Price Index from the base month

of September 1985 to the measurement month of March 1986, exceeds 4% of the

September base index, the measurement period which will be used for

determining the cost-of-living adjustment to be effective the following

January will be the twelve-month period from such base month of September;

the increase in the index which will be taken into account will be limited to

that portion of increase which is in excess of 4% of such September base

index, and the maximum increase in that portion of the index which may be

taken into account will be 8% of such September base index less the 4%

mentioned in the preceding clause, to which will be added any residual tenths

of points which had been dropped under paragraph (f) below in calculation of

the cost-of-living adjustment which will have become effective October 1

during such measurement period.



(iii) Any increase in the BLS Consumer Price Index from the base month of

September of one year to the measurement month of September of the following

year in excess of 8% of the September base month index, will not be taken into

account in the determination of subsequent cost-of-living adjustments.



(f) Formula. The number of points change in the BLS Consumer Price Index

during a measurement period, as limited by paragraph (e) above, will be converted

into cents on the basis of one cent equals 0.3 full points. (By 0.3 full points' it is

intended that any remainder of 0.1 point or 0.2 point of change after the conversion

will not be counted).



The cost-of-living allowance in effect on September 30, 1986 will be adjusted

(increased or decreased) effective October 1, 1986 by the whole number of cents

produced by dividing by 0.3 the number of points (including tenths of points) change,

as limited by paragraph (e) above, in the BLS Consumer Price Index during the

measurement period from the base month of September 1985 to the measurement

month of March 1986. Any residual tenths of a point resulting from such division will

be dropped. The result of such division will be added to the amount of the cost-of-

living allowance in effect on September 30, 1986 if the Consumer Price Index will

have been higher at the end than at the beginning of the measurement period, and

subtracted therefrom only if the lndex will have been lower at the end than at the

beginning of the measurement period and then, only, to the extent that the allowance

remains at zero or above.



The same procedure will be followed in applying subsequent adjustments.



(g) Offsets. The amounts calculated in accordance with the formula set forth in

paragraph (f) will be offset by the third through the sixth increases provided for in

Article I of this Agreement as applied on an annual basis against a starting rate of

S12.92 per hour. This will result in the cost-of-living increases, if any, being subject

to the limitations herein described:







(i) Any increase to be paid effective October 1, 1986 is limited to that in

excess of 19 cents per hour.



(ii) The combined increases, if any, to be paid as a result of the adjustments

effective October 1, 1986 and January 1, 1987 are limited to those in excess of 48

cents per hour.



(iii) Any increase to be paid effective July 1, 1987 is limited to that in

excess of 20 cents per hour.



(iv) The combined increases, if any, to be paid as a result of the

adjustments effective July 1, 1987 and January 1, 1988 are limited to those in excess

of 51 cents per hour.



(h) Continuance of the cost-of-living adjustments is dependent upon the

availability of the official monthly BLS Consumer Price Index (CPI-W) calculated on

the same basis as such Index, except that, if the Bureau of Labor Statistics, U.S.

Department of Labor, should during the effective period of this Agreement revise or

change the methods or basic data used in calculating the BLS Consumer Price Index

in such a way as to affect the direct comparability of such revised or changed index

with the CPI-W Index during a measurement period, then that Bureau shall be

requested to furnish a conversion factor designed to adjust the newly revised index to

the basis of the CPI-W Index during such measurement period.



Section 2 - Application of Cost-of-Living Adjustments





In application of the cost-of-living adjustments provided for by Section 1 of

this Article II, the cost-of-living allowance will not become part of basic rates of pay

except as provided in Section l(d). In application of such allowance, each one cent

per hour of cost-of-living allowance will be treated as an increase of 8 cents in

the basic daily rates of pay produced by application of Article I and by Section 1(d)

of this Article II. The cost-of-living allowance will otherwise be applied in keeping

with the provisions of Section 8 of Article I.



ARTICLE III - LUMP SUM PAYMENT



A lump sum payment, calculated as described below, will be paid to each

employee subject to this Agreement who established an employment relationship

prior to the date of this Agreement and has retained that relationship or has retired or

died.



Employees with 2,150 or more straight time hours paid for (not including any

such hours reported to the Interstate Commerce

Commission as constructive allowances except vacations and holidays) during the

period July 1, 1984 through July 31, 1985 will be paid $565.00. Those employees

with fewer straight time hours paid for will be paid an amount derived by multiplying

$565.00 by the number of straight time hours (including vacations and holidays, as

described above) paid for during that period divided by 2,150.



There shall be no duplication of lump-sum payments by virtue of employment

under an agreement with another organization.





ARTICLE IV - PAY RULES



Section 1 - Mileage Rates



(a) Mileage rates of pay for miles run in excess of the number of miles

comprising a basic day will not be subject to general, cost-of-living, or other forms of

wage increases.



(b) Mileage rates of pay, as defined above, applicable to interdivisional, interseniority

district, intradivisional and/or intraseniority district service runs now existing or to be

established in the future shall not exceed the applicable rates as of June 30, 1986.

Such rates shall be exempted from wage increases as provided in Section l(a) of this

Article. Weight-on-drivers additives will apply to mileage rates calculated in

accordance with this provision.



Section 2 - Miles ln Basic Day and Overtime Divisor



(a) The miles encompassed in the basic day in through freight and through

passenger service and the divisor used to determine when overtime begins will be

changed as provided below:



Effective Date Through Freight Service Through Passenger Service

of Change

Miles in Basic Overtime Miles in Basic Overtime

Day Divisor Day Divisor



July 1, 1986 104 13.0 104 20.8



July 1, 1987 106 13.25 106 21.2



June 30, 1988 108 13.5 108 21.6



(b) Mileage rates will be paid only for miles run in excess of the minimum

number specified in (a) above.



(c) The number of hours that must lapse before overtime begins on a trip in

through freight or through passenger service is calculated by dividing the miles of the

trip or the number of miles encompassed in a basic day in that class of service,

whichever is greater, by the appropriate overtime divisor. Thus after June 30, 1988,

overtime will begin on a trip of 125 miles in through freight service after 125/13.5 =

9.26 hours or 9 hours and 16 minutes. In through freight service, overtime will not

be paid prior to the completion of 8 hours of service.

.



Section 3 - Conversion to Local Rate

.

When employees in through freight service become entitled to the local rate of

pay under applicable conversion rules, the daily local freight differential (56 cents for

engineers and 43 cents for firemen under national agreements) will be added to their

basic daily rate and the combined rate will be used as the basis for calculating hourly

rates, including overtime. The local freight mileage differential (56 cents per mile for

engineers and 43 cents for firemen under national agreements) will be added to the

through freight mileage rates, and miles in excess of the number encompassed in the

basic day in through freight service will be paid at the combined rate.



Section 4 - Engine Exchange (Including Adding and Subtracting of

Units)And Other Related Arbitraries



(a) Effective July 1, 1986 all arbitrary allowances provided to employees for

exchanging engines, including adding and subtracting units, preparing one or more

units for tow, handling locomotive units not connected in multiple, and coupling

and/or uncoupling appurtenances such as signal hose and control cables are reduced

by an amount equal to two-thirds of the allowance in effect as of June 30, 1986.



(b) Effective July 1, 1987, all arbitrary allowances provided to employees for

performing work described in paragraph (a) above are eliminated.



Section 5 - Duplicate Time Payments



(a) Duplicate time payments, including arbitraries and special allowances that

are expressed in time or miles or fixed amounts of money, shall not apply to

employees whose seniority in engine or train service is established on or after

November 1, 1985.

(b) Duplicate time payments, including arbitraries and special allowances that are

expressed in time or miles or fixed amounts of money, not eliminated by this

Agreement shall not be subject to general, cost-of-living or other forms of wage

increases.

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Section 6 - Rate Progression - New Hires



In any class of service or job classification, rates of pay, additives,

and other applicable elements of compensation for an employee whose seniority in

engine or train service is established on or after November 1, 1985, will be 75% of

the rate for present employees and wlll increase in increments of 5 percentage points

for each year of active service in engine and/or train service until the new employee's

rate is equal to that of present employees. A year of active service shall consist of a

period of 365 calendar days in which the employee performs a total of 80 or more

tours of duty.





ARTICLE V - FINAL TERMINAL DELAY, FREIGHT SERVICE



Section 1 - Computation of Time

In freight service all time, in excess of 60 minutes, computed from the time

engine reaches switch, or signal governing same, used in entering final terminal yard

where train is to be left or yarded, until finally relieved from duty, shall be paid for as

final terminal delay; provided, that if a train is deliberately delayed between the last

siding or station and such switch or signal, the time held at such point will be added

to any time calculated as final terminal delay.



Section 2 - Extension of Time

.



Where mileage is allowed between the point where final terminal delay time

begins and the point where finally relieved, each mile so allowed will extend the 60

minute period after which final terminal delay payment begins by the number of

minutes equal to 60 divided by the applicable overtime divisor (60/12.5 = 4.8; 60/13

= 4.6; 60/13.25 = 4.5; 60/13.5 = 4.4, etc.).





Section 3 - Payment Computation



All final terminal delay, computed as provided for in this Article, shall be paid

for, on the minute basis, at one-eighth (1/8th) of the basic daily rate in effect as of

June 30, 1986, according to class of service and engine used, in addition to full

mileage of the trip, with the understanding that the actual time consumed in the

performance of service in the final terminal for which an arbitrary allowance of any

kind is paid shall be deducted from the final terminal time under this Article. The rate

of pay for final terminal delay allowance shall not be subject to increases of any kind.



After road overtime commences, final terminal delay shall not apply and road

overtime shall be paid until finally relieved from duty







NOTE: The phrase "relieved from duty" as used in this Article includes time required

to make inspection, complete all necessary reports and/or register off duty.



Sectlon 4 - Multiple Trips



When a tour of duty is composed of a series of trips, final terminal delay will

be computed on only the last trip of the tour of duty.



Section 5 - Exceptions



This Article shall not apply to pusher, helper, mine run, shifter, roustabout,

transfer, belt line, work, wreck, construction, road switcher or district run service.

This Article shall not apply to circus train service where special rates or allowances

are paid for such service.



NOTE: The question as to what particular service is covered by the designations

used in Section 5 shall be determined on each individual railroad in accordance with

the rules and practices in effect thereon.



Section 6 - Local Freight Service



In local freight service, time consumed in switching at final terminal shall not

be included in the computation of final terminal delay time.



This Article shall become effective July 1, 1986 except on such carriers as may elect

to preserve existing rules or practices and so notify the authorized employee

representatives on or before such date.



ARTICLE VI - DEADHEADING



Existing rules covering deadheading are revised as follows:



Section 1 - Payment When Deadheading and Service Are Combined



(a) Deadheading and service may be combined in any manner that traffic

conditions require, and when so combined employees shall be paid actual miles or

hours on a continuous time basis, with not less than a minimum day, for the

combined service and deadheading. However, when deadheading from the away-

from-home terminal to the home terminal is combined with a service trip from such

home terminal to such away-from-home terminal and the distance between the two

terminals exceeds the applicable mileage for a basic day, the rate paid for the basic

day mileage portions of the service trip and deadhead shall be at the full basic daily

rate.



Section 2 - Payment For Deadheading Separate From Service



When deadheading is paid for separate and apart from service:



(a) For Present Employees*



A minimum day, at the basic rate applicable to the class of service in connection with

which deadheading is performed, shall be allowed for the deadheading, unless actual

time consumed is greater, in which event the latter amount shall be allowed.



(b) For New Employees**



Compensation on a minute basis, at the basic rate applicable to the class of service in

connection with which deadheading is performed, shall be allowed. However, if

service after deadheading to other than the employee's home terminal does not begin

within 16 hours after completion of deadhead, a minimum of a basic day at such rate

will be paid. If deadheading from service at other than the employee's home terminal

does not commence within 16 hours of completion of service, a minimum of a basic

day at such rate will be paid.



A minimum of a basic day also will be allowed where two separate deadhead trips,

the second of which is out of other than the home terminal, are made with no

intervening service performed. Non-service payments such as held-away-from-home

terminal allowance will count toward the minimum of a basic day provided in this

Section 2(b).



* Employees whose seniority in engine or train service precedes November 1,

1985.



** Employees whose earliest seniority date in engine or train service is

established on or after November 1, 1985.



Section 3 - Applications



Deadheading will not be paid where not paid under existing rules.





This Article shall become effective July 1, 1986 except on such carriers as may elect

to preserve existing rules or practices and



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so notify the authorized employee representatives on or before such date.





ARTICLE VII - ROAD SWITCHERS ETC.

.



Section 1 - Reduction in Work Week



(a) Carriers with road switcher (or similar operations), mine run or roustabout

agreements in effect prior to the date of this Agreement that do not have the right to

reduce six or seven-day assignments to not less than five, or to establish new

assignments to work five days per week, shall have that right.



(b) The work days of five-day assignments reduced or established pursuant to

Section l(a) of this Article shall be consecutive. The five-day yard rate shall apply to

new assignments established pursuant to Section l(a) of this Article. Assignments

reduced pursuant to Section l(a) shall be compensated in accordance with the

provisions of Section l(c).



(c) If the working days of an existing assignment as described in Section l(a) are

reduced under this Article, an allowance of 48 minutes at the existing straight time

rate of that assignment in addition to the rate of pay for that assignment will be

provided. Such allowance will continue for a period of three years from the date such

assignment was first reduced. However, such allowance will not be made to

employees who establish seniority in train or engine service on or after November 1,

1985. Upon expiration of the three year period described above, the five day yard

rate will apply to any assignment reduced to working less than six or seven days a

week pursuant to this Article.



(d) The annulment or abolishment and subsequent reestablishment of an assignment

to which the allowance provided for above applies shall not serve to make the

allowance inapplicable to the assignment upon its restoration.



Section 2 - New Road Switcher Agreements



(a) Carriers that do not have rules or agreements that allow them to establish

road switcher assignments throughout their system may serve a proposal for such a

rule upon the interested general chairman or chairmen. If agreement is not reached

on the proposal within 20 days, the question shall be submitted to arbitration.



(b) The arbitrator shall be selected by the parties or, if they fail to agree, the National

Mediation Board will be requested to name an arbitrator.



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(c) The arbitrator shall render a decision within 30 days from the date he

accepts appointment. The decision shall not deal with the right of the carrier to

establish road switcher assignments (such right is recognized), but shall be restricted

to enumerating the terms and conditions under which such assignments shall be

compensated and operated.



(d) In determining the terms and conditions under which road switcher assignments

shall be compensated and operated, the arbitrator will be guided by and confined to

what are the prevailing features of other road switcher agreements found on Class I

railroads, except that the five day yard rate shall apply to any assignment established

under this Section.



ARTICLE VIII - ROAD, YARD AND INCIDENTAL WORK



Section 1 - Road Crews



Road crews may perform the following work in connection with their own

trains without additional compensation:



(a) Get or leave their train at any location within the initial and final terminals

and handle their own switches. When a crew is required to report for duty or is

relieved from duty at a point other than the on and off duty point fixed for that

assignment and such point is not within reasonable walking distance of the on and off

duty point, transportation will be provided.



(b) Make up to two straight pick-ups at other location(s) in the initial terminal

in addition to picking up the train and up to two straight set-outs at other location(s)

in the final terminal in addition to yarding the train; and, in connection therewith,

spot, pull, couple, or uncouple cars set out or picked up by them and reset any cars

disturbed.



(c) In connection with straight pick-ups and/or set-outs within switching limits

at intermediate points where yard crews are on duty, spot, pull, couple or uncouple

cars set out or picked up by them and reset any cars disturbed in connection

therewith.



(d) Perform switching within switching limits at times no yard crew is on duty.

On carriers on which the provisions of Section 1 of Article V of the June 25, 1964

Agreement are applicable, time consumed in switching under this provision shall

continue to be counted as switching time. Switching allowances, where applicable,

under Article V, Section 7 of the June 25, 1964 Agreement or under individual

railroad agreements, payable to road crews, shall continue with respect to employees

whose seniority in engine or train service precedes the date of this Agreement and

such allowances are not subject to general or other wage increases.





(e) At locations outside of switching limits there shall be no restrictions on

holding onto cars in making set-outs or pick-ups, including coupling or shoving cars

distrubed in making set-outs or pick-ups.



Section 2 - Yard Crews



(a) Yard crews may perform the following work outside of switching limits

without additional compensation except as provided below:



(i) Bring in disabled train or trains whose crews have tied up under the Hours of

Service Law from locations up to 25 miles outside of switching limits.



(ii) Complete the work that would normally be handled by the crews of trains that

have been disabled or tied up under the Hours of Service Law and are being brought

into the terminal by those yard crews. This paragraph does not apply to work train or

wrecking service.



Note: For performing the service provided in (a)(i) and (ii) above, yard crews shall

be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for

the class of service performed (except where existing agreements require payment at

yard rates) for all time consumed outside of switching limits. This allowance shall be

in addition to the regular yard pay and without any deduction therefrom for the time

consumed outside of switching limits. Such payments are limited to employees whose

seniority date in engine or train service precedes November 1, 1985 and is not

subject to general or other wage increases.



(iii) Perform service to customers up to 20 miles outside switching limits

provided such service does not result in the elimination of a road crew or crews in

the territory. The use of a yard crew in accordance with this paragraph will not be

construed as giving yard crews exclusive rights to such work. This paragraph does

not contemplate the use of yard crews to perform work train or wrecking service

outside switching limits.



(iv) Nothing in this Article will serve to prevent or affect in any way a carrier's right

to extend switching limits in accordance with applicable agreements. However, the

distances prescribed in this Article shall continue to be measured from switching

limits as they existed as of July 26, 1978, except by mutual agreement.



(b) Yard crews may perform hostling work without additional payment or penalty.





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Section 3 - Incidental Work



Road and yard employees in engine service and qualified ground service

employees may perform the following items of work in connection with their own

assignments without additional compensation:



(a) Handle switches



(b) Move, turn, spot and fuel locomotives



(c) Supply locomotives except for heavy equipment and supplies generally

placed on locomotives by employees of other crafts



(d) Inspect locomotives



(e) Start or shutdown locomotives



(f) Make head-end air tests



(g) Prepare reports while under pay



(h) Use communication devices; copy and handle train orders, clearances

and/or other messages.



(i) Any duties formerly performed by firemen.



Section 4 - Construction of Article



Nothing in this Article is intended to restrict any of the existing rights of a

carrier.





This Article shall become effective June 1, 1986 except on such carriers as may

elect to preserve existing rules or practices and so notify the authorized

employee representatives on or before such date.





ARTICLE IX - INTERDIVISIONAL SERVICE



Note: As used in this Agreement, the term interdivisional service includes

interdivisional, interseniority district, intradivisional and/or intraseniority district

service.



An individual carrier may establish interdivisional service, in freight or

passenger service, subject to the following procedure.





Section 1 - Notice



An individual carrier seeking to establish interdivisional service shall give at

least twenty days' written notice to the organization of its desire to establish service,

specify the service it proposes to establish and the conditions, if any, which it

proposes shall govern the establishiment of such service.



Section 2 - Conditions



Reasonable and practical conditions shall govern the establishment of the runs

described, including but not limited to the following:



(a) Runs shall be adequate for efficient operations and reasonable in regard to the

miles run, hours on duty and in regard to other conditions of work.



(b) All miles run in excess of the miles encompassed in the basic day shall be paid for

at a rate calculated by dividing the basic daily rate of pay in effect on May 31, 1986

by the number of miles encompassed in the basic day as of that date. Weight-on-

drivers additives will apply to mileage rates calculated in accordance with this

provision.



(c) When a crew is required to report for duty or is relieved from duty at a point

other than the on and off duty points fixed for the service established hereunder, the

carrier shall authorize and provide suitable transportation for the crew.



Note: Suitable transportation includes carrier owned or provided passenger carrying

motor vehicles or taxi, but excludes other forms of public transportation.



(d) On runs established hereunder crews will be allowed a $4.15 meal

allowance after 4 hours at the away from home terminal and another $4.15 allowance

after being held an additional 8 hours.



(e) In order to expedite the movement of interdivisional runs, crews on runs of miles

equal to or less than the number encompassed in the basic day will not stop to eat

except in cases of emergency or unusual delays. For crews on longer runs, the carrier

shall determine the conditions under which such crews may stop to eat. When crews

on such runs are not permitted to stop to eat, crew members shall be paid an

allowance of $1.50 for the trip.



(f) The foregoing provisions (a) through (e) do not preclude the parties from

negotiating on other terms and conditions of work.





-18-



Section 3 - Procedure



Upon the serving of a notice under Section 1, the parties will discuss the

details of operation and working conditions of the proposed runs during a period of

20 days following the date of the notice. If they are unable to agree, at the end of the

20-day period, with respect to runs which do not operate through a home terminal or

home terminals of previously existing runs which are to be extended, such run or

runs will be operated on a trial basis until completion of the procedures referred to in

Section 4. This trial basis operation will not be applicable to runs which operate

through home terminals.



Section 4 - Arbitration



(a) In the event the carrier and the organization cannot agree on the matters

provided for in Section 1 and the other terms and conditions referred to in Section 2

above, the parties agree that such dispute shall be submitted to arbitration under the

Railway Labor Act, as amended, within 30 days after arbitration is requested by

either party. The arbitration board shall be governed by the general and specific

guidelines set forth in Section 2 above.



(b) The decision of the arbitration board shall be final and binding upon both parties,

except that the award shall not require the carrier to establish interdivisional service

in the particular territory involved in each such dispute but shall be accepted by the

parties as the conditions which shall be met by the carrier if and when such

interdivisional service is established in that territory. Provided further, however, if

carrier elects not to put the award into effect, carrier shall be deemed to have waived

any right to renew the same request for a period of one year following the date of

said award, except by consent of the organization party to said arbitration.



Section 5 - Existing Interdivisional Service



Interdivisional service in effect on the date of this Agreement is not affected by

this Article.



Section 6 - Construction of Article



The foregoing provisions are not intended to impose restrictions with respect

to establishing interdivisional service where restrictions did not exist prior to the date

of this Agreement.







Section 7 - Protection



Every employee adverse1y affected either directly or indirectly as a result of

the application of this rule shall receive





-19-



the protection afforded by Sections 6, 7, 8 and 9 of the Washington Job Protection

Agreement of May 1936, except that for the purposes of this Agreement Section 7(a)

is amended to read 100% (less earnings in outside employment) instead of 60% and

extended to provide period of payment equivalent to length of service not to exceed

6 years and to provide further that allowances in Sections 6 and 7 be increased by

subsequent general wage increases.



Any employee required to change his residence shall be subject to the benefits

contained in Sections 10 and 11 of the Washington Job Protection Agreement and in

addition to such benefits shall receive a transfer allowance of four hundred dollars

($400.00) and five working days instead of the "two working days" provided by

Section 10(a) of said agreement. Under this Section, change of residence shall not be

considered "required" if the reporting point to which the employee is changed is not

more than 30 miles from his former reporting point.



If any protective benefits greater than those provided in this Article are

available under existing agreements, such greater benefits shall apply subject to the

terms and obligations of both the carrier and employee under such agreements, in lieu

of the benefits provided in this Article.







This Article shall become effective June 1, 1986 except on such carriers as may

elect to preserve existing rules or practices and so notify the authorized employee

representatives on or before such date. Article VIII of the May 13, 1971 Agreement

shall not apply on any carrier on which this Article becomes effective.



ARTICLE X - LOCOMOTIVE STANDARDS

.



In run-through service, a locomotive which meets the basic minimum

standards of the home railroad or section of the home railroad may be operated on

any part of the home railroad or any other railroad.



A locomotive which meets the basic minimum standards of a component of a

merged or affiliated rail system may be operated on any part of such system.





ARTICLE XI - TERMINATION OF SENIORITY



The seniority of any employee whose seniority-in engine or train service is

established on or after November 1, 1985 and who is furloughed for 365 consecutive

days will be terminated if such employee has less than three (3) years of seniority.



.



-20-



ARTICLE XII - FIREMEN



.

A. On carriers where the Brotherhood of Locomotive Engineers represents

firemen and the provisions of the July 19, 1972 Manning and Training Agreements,

as amended, are in effect, the following will apply:



The craft or class of firemen (helpers) shall be eliminated through attrition except to

the extent necessary to provide the source of supply for engineers and for designated

passenger firemen, hostler and hostler helper positions.



Section 1 - Amendments to July 19, 1972 Manning and Training Agreements



(1) Change Article I, Section l(a) to read as follows:



"(a) For fulfilling needs arising as the resu1t of assignments and vacancies, temporary

or otherwise, in designated passenger service and in hostler, hostler-helper service,

pursuant to mileage or other regulating factors on individual carriers and in

accordance with Article IV of this Agreement."



(2) Change Article I, Section 3(a) to read as fo1lows:



"(a) Determinations of the number of employees required on each seniority district

will be based on the maximum applicable regulating factor for each class of service

contained in the ru1es on each carrier relating to increasing or decreasing the force of

locomotive engineers."



(3) Change Article I, Section 3(e) to read as follows:



"(e) The number of employees required as of each determination period will be based

on engineer service during the twelve months' period as follows:



Passenger service



Total hours paid for multiplied by the number of mi1es encompassed in a minimum

day divided by the number of hours encompassed in a minimum day.





Freight service



Total hours paid for plus one-half overtime hours, multiplied by the number of miles

encompassed in a minimum day divided by the number of hours encompassed in a

minimum day.





Yard service



Total hours paid for p1us one-half overtime hours, divided by 8.



The results thus obtained shall be divided by the maximum applicable regulating

factor as provided in paragraph (a) of this Section 3. The sum of employees thus

determined will be increased by 10% to cover vacations and layoffs.



NOTE: As used in this paragraph, the term 'total hours paid for' includes all straight

time hours paid for including hours paid for while working during scheduled vacation

periods and the basic day's pay for holidays as such, all overtime hours paid for

including overtime paid for working on ho1idays, and the hourly equivalent of

arbitraries and special allowances provided for in the schedule agreements. The term

does not include the hourly equivalent of vacation allowances or allowances in lieu of

vacations, or payments arising out of violations of the schedule agreement."



(4) Change Article I, Section 3(f) by inserting "and on furlough" in the first

and second sentences after "the number of firemen in active service" and by

eliminating (1) to the NOTE and renumbering the remaining three enumerated items.



(5) Eliminate Section 3(h) of Article I and reletter the subsequent subsection.



(6) Change Article III, Section 1 to read as follows:



"Section 1 - Firemen (he1pers) whose seniority as such was established prior to

November 1, 1985 shall have the right to exercise their seniority on assignments on

which, under the National Diesel Agreement of 1950 (as in effect on January 24,

1964), the use of firemen (helpers) would have been required, and on available

hostler and hostler helper assignments subject to the following exceptions:



(a) When required to fulfill experience requirements for promotion, or engaged in a

scheduled training program.



(b) When their services are required to qualify for or fill passenger or hostler or

hostler helper





-22-



vacancies in accordance with Article IV of this Agreement.



(c) When restricted to specific assignments as referred to in Article VI of this

Agreement.



(d) When required to fill engineer vacancies or assignments.



The exercise of seniority under this Article will be subject to the advertisement,

bidding, assignment, displacement and mileage rules on the individual carriers.



NOTE: As to any carrier not subject to the National Diesel Agreement of 1950 on

January 24, 1964, the term 'the ru1es in effect on January 24, 1964 respecting

assignments (other than hostling assignments) to be manned by firemen (helpers)'

shall be substituted in this Article for the term 'the National Diese1 Agreement of

1950."'



"Section 1.5 - Firemen (helpers) whose seniority as such is established on or after

November 1, 1985 will have the right to exercise seniority limited to designated

positions of passenger fireman, hostler or hostler helper. The seniority rights of such

firemen are subject to the following exceptions:



(a) When required to fu1fill experience requirements for promotion, or engaged in a

scheduled training program.



(b) When required to fill engineer vacancies or assignments.



This will not preclude the carrier from requiring firemen to maintain proficiency as

engineer and familiarity with operations and territories by working specified

assignments."



(7) Change Article III, Section 4 to read as follows:



"Section 4(a) - All firemen (helpers) whose seniority as such was established prior to

November 1, 1985 will be provided employment in accordance with the provisions of

this Article until they retire, resign, are discherged





-23-



for good cause, or are otherwise severed by natural attrition; provided, however, that

such firemen (helpers) may be furloughed if no assignment working without a

fireman (helper) exists on their seniority district which would have been available to

firemen (helpers) under the National Diesel Agreement of 1950 (as in effect on

January 24, 1964), and if no position on an extra list as required in Section 3 above

exists on their seniority district, subject to Section 5 of this Article."



"Section 4(b) - Firemen whose seniority as such is established on or after November

1, 1985 may be furloughed when not utilized pursuant to Section 1.5 of this Article."



(8) Change Article III, Section 5(a) to read as follows:



"Section 5(a) - With respect to firemen (helpers) employed after July 19, 1972 and

prior to November 1, 1985 the provisions of Section 4(a) above will be temporarily

suspended on any seniority district to the extent provided in this Section 5 if there is

a decline in business within the meaning of this Section."



(9) Change Article IV, Section 1 to read as follows:



"Section 1 - Firemen (helpers) who established a seniority date as fireman prior to

November 1, 1985 shall be used on assignments in passenger service on which under

agreements in effect immediately prior toAugust 1, 1972, the use of firemen

(he1pers) would have been required. The use in passenger service of firemen

(helpers) who establish seniority as firemen on or after November 1, 1985 will be

confined to assignments designated by the carrier."



(10) Change Article IV, Section 2 to read as follows:



"(a) Except as modified hereinafter, assignments in hostling service will continue to

be filled when required by agreements in effect on individual carriers.



(b) The carriers may discontinue using employees represented by the Brotherhood of

Locomotive Engineers as hostlers or hostler helpers provided that it does not result

in furlough of a fireman who established





-24-



seniority prior to November 1, 1985 nor the establishment of a hostler position

represented by another organization, and provided, further, that this provision will

not act to displace any employee who established seniority prior to November 1,

1985 and who has no rights to service except as hostler or hostler helper.



(c) Employees in engine service who established seniority prior to November 1, 1985

will continue to fill hostler and hostler helper positions and vacancies thereon in

accordance with agreements in effect as of that date. If such position cannot be filled

by such employees, and it is not discontinued pursuant to Paragraph (b) above, other

qualified employees may be used.



(d) Yard crews may perform hostling work without additional payment or penalty to

the carrier.'



(11) Change Article VIII to read as follows:



ARTICLE - VIII - RESERVE FIREMEN



The carrier shall have the right to offer 'Reserve Fireman' status to any number of

active firemen, working as such, with seniority as firemen prior to November 1, 1985

(who are subject to work as locomotive engineers). Where applied, Reserve Fireman

status shall be granted in seniority order on a seniority district or home zone basis

under the terms listed below:



(1) An employee who chooses Reserve Fireman status must remain in that status

until he either (i) is recalled and returns to hostler or engine service pursuant to

Paragraph (2), (ii) is discharged from employment by the carrier pursuant to

Paragraph (2), (iii) is discharged from employment by the carrier for other good

cause, (iv) resigns from employment by the carrier, (v) retires on an annuity

(including a disability annuity) under the Railroad Retirement Act, or (vi) otherwise

would not be entitled to free exercise of seniority under this Fireman Manning

Agreement; whichever occurs first. If not





-25-



sooner terminated, Reserve Fireman status and all other employment rights of a

Reserve Fireman shall terminate when he attains age 70.



(2) Reserve Firemen must maintain their engine service and hostler proficiencies

while in such status, including successfully completing any retraining or refresher

programs that the carrier may require and passing any tests or examinations

(including physical examinations) administered for purposes of determining whether

such proficiencies and abilities have been maintained. Reserve Firemen also must

hold themselves available for return to hostler and engine service upon seven days'

notice, and must return to hostler or engine service in compliance with such notice.

Reserve Firemen shall be recalled in reverse seniority order unless recalled for service

as engineer. Failure to comply with any of these requirements will result in forfeiture

of all seniority rights.



(3) Reserve Firemen shall be paid at 70% of the basic yard fireman's rate for five days

per week. No other payments shall be made to or on behalf of a Reserve Fireman

except (i) payment of premiums under applicable health and welfare plans and, (ii) as

may otherwise be provided for in this Article. No deductions from pay shall be made

on behalf of a Reserve Fireman except (i) deductions of income, employment or

payroll taxes (including railroad retirement taxes) pursuant to federal, state or local

law; (ii) deductions of dues pursuant to an applicable union shop agreement and any

other deductions authorized by agreement, (iii) as may otherwise be authorized by

this Article and (iv) any other legally required deduction.



(4) Reserve Firemen shall be considered in active service for the purpose of this

Fireman Manning Agreement, including application of the decline in business

formula.





-26-



(5) Other non-railroad employment while in Reserve Fireman status is permissible so

long as there is no conflict of interest. There shall be no offset for outside earnings.



(6) Vacation pay received while in Reserve Fireman status will offset pay received

under paragraph (3). Time spent in reserve status will not count toward determining

whether the employee is eligible for vacation in succeeding years. It will count as

time in determining the length of the vacation to which an employee, otherwise

eligible, is entitled.



(7) Reserve Firemen are not eligible for:



Holiday Pay

Personal Leave

Bereavement Leave

Jury Pay

Other similar special allowances



(8) Reserve Firemen are covered by:



Health and Welfare Plans

Union Shop

Dues Check-off

Discipline Rule

Grievance Procedure



that are applicable to firemen (helpers) in active service.



(9) When junior employees are in 'Reserve Fireman' status, a senior active fireman

may request such status. The carrier shall grant such a request and, at its discretion,

recall the junior 'Reserve Fireman."



Section 2 - Application



Any conflict between the changes set forth herein and the provisions of the

July 19, 1972 Manning Agreement, as revised, shall be resolved in accordance with

the provisions of this Agreement.





-27-



B. On carriers where the Brotherhood of Locomotive Engineers represents

firemen and the provisions of the July 19, 1972 Manning and Training Agreements,

as amended, are not in effect, the following will apply:



(1) The craft or class of firemen* shall be eliminated through attrition except to the

extent necessary to provide the source of supply for engineers and for designated

passenger firemen, hostlers and hostler helper positions.



*The term firemen as used in this Article, includes any position, including apprentice,

assistant or reserve engineer, the occupant of which is in training for position of

engineer or who is a qualified engineer unable, because of seniority, to hold a

position as engineer.



(2) Firemen whose seniority as such was established prior to November 1, 1985 shall

have the right to exercise their seniority on assignments, on which immediately

preceding the date of this agreement, they were permitted to exercise seniority as

firemen, and on available hostler and hostler helper assignments subject to the

following exceptions:



(a) when required to fulfill experience requirements for promotion, or engaged in a

scheduled training program



(b) when their services are required to qualify or fill passenger or hostler or hostler

helper vacancies under existing agreements



(c) when restricted to a particular position, assignment or type of service for reasons

including but not 1imited to physical disability, discipline, failure to pass promotional

examination or other cause



(d) when required to fill engineer vacancies or assignments.



The exercise of seniority under this Article will be subject to the advertisement,

bidding, assignment, displacement and mileage rules on the individual carriers.



(3) Firemen whose seniority as such is established on or after November 1, 1985 will

have the right to exercise seniority limited to designated positions of passenger

fireman, hostler or hostler helper. The seniority rights of such firemen are subject to

the following exceptions:





-28-



(a) when required to fulfill experience requirements for promotion, or engaged in a

scheduled training program



(b) when required to fill engineer vacancies or assignments.



This will not preclude the carrier from requiring firemen to maintain proficiency as

engineer and familiarity with operations and territories by working specified

assignments.





(4) All firemen whose seniority as such was established prior to November 1, 1985

will be provided employment in accordance with the provisions of this Article until

they retire, resign, are discharged for good cause, or are otherwise severed by natural

attrition provided, however, that such firemen may be furloughed if no assignment

working without a fireman exists on their seniority district which would have been

available to firemen under agreements in effect immediately preceding the date of this

agreement and if no position on a fireman's extra list exists on their seniority district.



(5) Firemen whose seniority as such is established on or after November 1, 1985 may

be furloughed when not utilized under paragraph (3) of this Article.



(6) Firemen who established a seniority date as fireman prior to November 1, 1985

shall be used on assignments in passenger service on which, under agreements in

effect immediately prior to the date of this agreement, the use of firemen would have

been required. The use in passenger service of firemen who establish seniority as

firemen on or after November 1, 1985 will be confined to assignments designated by

the carrier.



(7) (a) Except as modified hereinafter, assignments in hostling service will continue

to be filled when required by assignments in effect on individual carriers.



(b) The carriers may discontinue using employees represented by the Brotherhood of

Locomotive Engineers as hostlers or hostler helpers provided it does not result in

furlough of a fireman who established seniority prior to November 1, 1985 nor the

establishment of a hostler position represented by another organization, and provided

further that this provision will not act to displace any employee who established

seniority prior to November 1, 1985 and who has no rights to service except as

hostler or hostler helper.



(c) Employees in engine service who established seniority prior to November 1, 1985

will continue to fill hostler and hostler





-29-



helper positions and vacancies thereon in accordance with agreements in effect as of

that date.



(d) Yard crews may perform hostling work without additional payment or penalty to

the carrier.



(8) The carrier shall have the right to offer "Reserve Fireman" status to any number

of active firemen, working as such, with seniority as firemen prior to November 1,

1985 (who are subject to work as locomotive engineers). Where applied, Reserve

Fireman status shall be granted in seniority order on a seniority district or home zone

basis under the terms listed below:



(a) An employee who chooses Reserve Fireman status must remain in that status

until he either (i) is recalled and returns to hostler or engine service pursuant to

Paragraph (b), (ii) is discharged from employment by the carrier, pursuant to

Paragraph (b), (iii) is discharged from employment by the carrier for other good

cause, (iv) resigns from employment by the carrier, (v) retires on an annuity (in-



cluding a disability annuity) under the Railroad Retirement Act, or (vi) otherwise

would not be entitled to free exercise of seniority; whichever occurs first. If not

sooner terminated, Reserve Fireman status and all other employment rights of a

Reserve Fireman shall terminate when he attains age 70.



(b) Reserve Firemen must maintain their engine service and hostler proficiencies

while in such status, including successfully completing any retraining or refresher

programs that the carrier may require and passing any test or examinations (including

physical examinations) administered for purposes of determining whether such

proficiencies and abilities have been maintained. Reserve Firemen also must hold

themselves available for return to hostler and engine service upon seven days' notice,

and must return to hostler or engine service in compliance with such notice. Reserve

Firemen shall be recalled in reverse seniority order unless recalled for service as

engineer. Failure to comply with any of these requirements will result in forfeiture of

all seniority rights.





-30-



(c) Reserve Firemen shall be paid at 70% of the basic yard fireman's rate for five days

per week. No other payments shall be made to or on behalf of a Reserve Fireman

except (i) payment of premiums under applicable health and welfare plans and, (ii) as

may otherwise be provided for in this Article. No deductions from pay shall be made

on behalf of a Reserve Fireman except (i) deductions of income, employment or

payroll taxes (including railroad retirement taxes) pursuant to federal, state or local

law; (ii) deductions of dues pursuant to an applicable union shop agreement and any

other deductions authorized by agreement, (iii) as may otherwise be authorized by

this Article and (iv) any other legally required deduction.



(d) Reserve Firemen shall be considered in active service for the purpose of any

agreement respecting firemen's rights to work or in any decline in business formula.



(e) Other non-railroad employment whlle in Reserve Fireman status is permissible so

long as there is no conflict of interest. There shall be no offset for outside earnings.



(f) Vacation pay received while in Reserve Fireman status will offset pay received

under paragraph (c). Time spent in reserve status will not count toward determining

whether .he employee is eligible for vacation in succeeding years. It will count as

time in determining the length of the vacation to which an employee, otherwise

eligible, is entitled.



(g) Reserve Firemen are not eligible for:



Holiday Pay

Personal Leave

Bereavement Leave

Jury Pay

Other similar special allowances







(h) Reserve Firemen are covered by:

Health and Welfare P1ans

Union Shop

Dues Check-off

Discipline Rule

Grievance Procedure



that are applicable to firemen in active service.



(i) When junior employees are in "Reserve Fireman" status, a senior active fireman

may request such status. The carrier shall grant such a request and, at its discretion,

recall the junior "Reserve Fireman."



(9) Existing agreements providing for the furloughing of firemen in event of decline

in business or under emergency conditions shall continue to apply.



(10) Any conflict between the changes set forth herein and the provisions of existing

agreements shall be resolved in accordance with the provisions of this Agreement.





ARTICLE XIII - RETENTION OF SENIORITY



Any existing condition which requires a locomotive engineer (1) to forfeit

ground service seniority, or (2) to forfeit locomotive engineer seniority when

working in ground service, is eliminated.





ARTICLE XIV - EXPENSES AWAY PROM HOME



Effective July 1, 1986, the meal allowance provided for in Article II, Section 2

of the June 25, 1964 National Agreement, as amended, is increased from $3.85 to

$4.15.





ARTICLE XV - BENEFITS PROVIDED UNDER THE RAILROAD

EMPLOYEES NATIONAL HEALTH AND WELFARE PLAN



Section 1 - Continuation of Plan



Except as provided in this Article, the benefits and other provisions under the

Railroad Employees National Health and Welfare Plan will be continued.

Contributions to the Plan will be offset byt he expeditious use of such amounts as

may at any time be in Special Account A or in one or more special accounts or funds

maintained by the insurer in connection with Group Policy Contract GA-23000, and

by the use of funds held in trust that are not otherwise needed to pay claims,

premiums or administrative expenses which are payable from trust.



Section 2 - Benefit Changes



The following changes in benefits provided under the Plan and in matters

related to such benefits will be made:



(a) Hospita1 Pre-Admission - Utilization Review Program This program shall

include a comprehensive guidance and support structure for employees and other

beneficiaries covered by the Plan and their physicians beginning prior to planned

hospitalization and continuing through recovery period. The program shal1 include,

among other things, review of the propriety of hospita1 admission (including the

feasibi1ity of ambulatory center or out-patient treatment), the plan of treatment

including the length of confinement, the appropriateness of a second surgical opinion,

discharge planning and the use of effective alternative faci1ities during

conva1escense. Reduced benefits will be provided if the program is not fully

complied with. This program shall become effective as soon as practicable in order to

provide adequate time to set up and communicate the program.



(b) Extension of Benefits - Vacation pay received by a furloughed employee shall not

qualify such employee for any benefits under the Plan and will not generate premium

payments on his behalf. This change sha11 become effective January 1, 1988.



(c) Reinsurance - Reinsurance will be discontinued as soon as practicable.



Section 3 - Special Committee



(a) A Special Committee selected by the parties will be estab1ished for the

purpose of reviewing and making recommendations concerning ways to contain

health care costs consistent with maintaining the quality of medical care; and

reviewing the existing Plan structure and financing and making recommendations in

connection therewith. In addition, the Committee may review and make recommen-



dations with respect to any other matter included in the parties' notices with respect

to the health care plan.



(b) The Committee shall retain the services of a recognized expert on health care

systems to serve as a neutral chairman. The fees and expenses of the chairman shall

be paid by the parties.





-33-



(c) The Committee shall be convened as promptly as possible and meet

periodically until all of the matters that it considers are resolved. However, if the

Committee has not resolved all issues by August 1, 1986, the neutral chairman will

make recommendations on such unreso1ved issues no later than September 1, 1986.

Upon voluntary resolution of all issues or upon issuance of recommendations by the

neutral chairman, whichever is later, the Committee shall be disso1ved.



(d) The proposa1s of the parties concerning health benefits (specifically, the

organization's proposals dated January 17, 1984, entitled "Revise Contract Policy

GA-23000" and the carriers' proposa1s dated on or about January 23, 1984, entitled

"C. Insured Benefits") shall not be subject to the moratorium provisions of this

Agreement, but, rather, sha11 be held in abeyance pending efforts to reso1ve these

issues through the procedure estab1ished above. If, after 60 days from the date the

neutral Chairman makes his recommendations, the parties have not reached

agreement on all unresolved issues, the notices may be progressed under the

procedures of the Railway Labor Act, as amended.



(e) Agreement reached by the parties on these issues will provide for a contract

duration consistent with the provisions of Article XVIII of the Agreement,

regard1ess of whether such agreement occurs during the time that the proposals of

the parties are held in abeyance or subsequent to the time that they may be

progressed in accordance with the procedures of the Railway Labor Act as provided

for above.





ARTICLE XVI - INFORMAL DISPUITES COMMITTEE



.



Disputes arising over the application or interpretation of this agreement will, in

the absence of a contrary provision, be referred to an Informal Disputes Committee

consisting of an equal number of representatives of both parties.



If the Committee is unable to resolve a dispute, it may consider submitting the

dispute to arbitration on a national basis for the purpose of ensuring a uniform

application of the provisions of this Agreement.



ARTICLE -VII - LOCOMOTIVE DESIGN, CONSTRUCTION AND

MAINTENANCE





Section 1 - Maintenance Of Locomotives



The parties recognize the importance of maintaining safe, sanitary, and

healthful cab conditions on locomotives.





-34-



This Agreement affirms the carriers' responsibility to provide and maintain the

aforementioned conditions particularly, although not limited to, such locomotive cab

conditions as: heating, watercoo1ers, toilet facilities, insulation, ventilation-fumes,

level of cab noise, visibility, lighting and footing.



The parties recognize that one way to achieve and maintain safe, sanitary, and

healthful cab conditions on locomotives is by establishing procedures on each

railroad for monitoring cab conditions and expediting the reporting and correction of

maintenance deficiencies.



A. Local Implimentation



Each individual carrier will designate an appropriate officia1(s) who will

contact the BLE General Chairman (Chairmen) and arrange a meeting within 30 days

from the date of this Agreement for the following purpose:



(a) Review the policies on the individual railroad concerning the existing procedures

for reporting and correcting locomotive deficiencies, assess the effectiveness of such

procedures, and, where appropriate, estab1ish methods for obtaining more

satisfactory resu1ts.



(b) Institute a program whereby the Local BLE representative and the carrier's

supervisors at each facility will participate in direct discussions regarding any

maintenance prob1ems at the locations under their jurisdiction for the purpose of

carrying out the intent of this understanding, including evaluating the reports and

suggestions of either party and implementing agreed-upon so1utions thereto.



B. National Committee



A national committee will be estab1ished within 30 days from the date of this

Agreement, consisting of two members of the National Carriers' Conference

Committee and two representatives of the BLE. The Committee may review and

make recommendations with respect to any maintenance problem on an individual

property that is referred to it by either party after efforts to resolve such matter on

the individual property have been exhausted.



The Committee may also consider any matter where the parties on an individual

property have jointly concluded that the subject matter is one that may be addressed

more appropriately on a national level.







Section 2 - Dispatchment Of Locomotive-



A locomotive will not be dispatched in road service from engine maintenance

facilities where maintenance personnel are readily available, and an engineer will not

be required to operate the locomotive pending corrective action, if the engineer

registers a timely complaint with supervision with respect to the controlling unit of

the consist that is determined on investigation to be valid concerning -



(a) the existence of a federal defect, as defined by the Federal Railroad

Administration, with respect to the following matters:

Exhaust gases (ventilation)

Cab 1ights

Locomotive cab noise

Cabs, floors and passageways (footing) (cab seats)

(vision) (heat) and (b) other conditions as follows:

Lack of clean, sanitary toilet

Lack of adequate cooled, potable water

Lack of adequate toi1et paper or hand towe1s



Should the complaint be found valid, and if there is another unit in that consist or

otherwise readily available which will eliminate the protest, the units will be

rearranged provided such rearrangement will not result in unreasonable delay to the

train. If the engineer performs the work to accomplish the rearrangement, no

additional payment(s) will be allowed. If, however, the official makes a good faith

determination that the locomotive is suitable for dispatch, the engineer will proceed

with the assignment.



An engineer will invoke the foregoing right in good faith and where a

reasonab1e person would conclude that the carrier is in substantia1 non-compliance,

i.e. more than technical non-compliance.



In determining the reasonableness of an engineer's complaint, among the factors to be

considered are the timeliness of the complaint, the accessibility of the means to take

corrective action, the seriousness of the deficiency, the engineer's ability or inability

to correct the deficiency with means at his disposal and whether or not an

unreasonab1e train delay would be incurred.



Section 3 - Locomotive Design and Construction



In recognition of the desirability of consultation with the General Chairman

(Chairmen) prior to the ordering of new Locomotives, or while formulating p1ans to

modify or retrofit existing locomotives, the parties agree that, before any design and

construction changes in





-36-



locomotives are made which change safety or comfort features of the locomotive, the

designated officer of each individual railroad will contact the General Chairman

(Chairmen) providing him with the opportunity to furnish the carrier with his

recommendations for full and thoughtful consideration by the carrier.



This Section 3 does not disturb existing local agreements that set forth

required specifications for particular locomotive appurtenances or components.



ARTICLE XVIII - GENERAL PROVISIONS



Section 1 - Court Approva1



This Agreement is subject to approval of the courts with respect to

participating carriers in the hands of receivers or trustees.



Section 2 - Effect of this Agreement



(a) The purpose of this Agreement is to fix the general level of compensation

during the period of the Agreement and is in settlement of the dispute growing out of

the notices served upon the carriers listed in Exhibit A by the organization signatory

hereto dated on or about October 20, 1979, January 3, 1984 and January 17, 1984,

and the notices served on or about January 23, 1984 by the carriers.



(b) This Agreement shall be construed as a separate agreement by and on

behalf of each of said carriers and their employees represented by the organization

signatory hereto, and shall remain in effect through June 30, 1988 and thereafter until

changed or modified in accordance with the provisions of the Railway Labor Act, as

amended.



(c) Except as provided in Sections 2(d) and 2(e) of this Article, the parties to

this Agreement shall not serve nor progress prior to April 1, 1988 (not to become

effective before July 1, 1988) any notice or proposal for changing any matter

contained in:



(1) this Agreement,



(2) the proposa1s of the parties identified in Section

2(a) of this Article, and



(3) Section 2(c)(3) of Article VIII of the Agreement of

March 6, 1975,



and any pending notices which propose such matters are hereby withdrawn.



(d) The notices of the parties referred to in Article XV of this Agreement may

be progressed in accordance with the provisions of Section 3(d) of that Article.





-37-



(e) New notices or pending notices that are permitted under the terms of the

Letter Agreement of this date concerning intercraft pay re1ationships shal1 be

governed by the terms of that Letter Agreement.



(f) Pending notices and new proposa1s properly served under the Railway

Labor Act covering subject matters not specifically dealt with in Sections 2(c), 2(d)

and 2(e) of this Article and which do not request compensation may be progressed

under the provisions of the Railway Labor Act, as amended.



(g) This Article will not bar management and committees on individual

rai1roads from agreeing upon any subject of mutual interest.





DATED THIS l9th DAY OF MAY, 1986, AT WASHINGTON, D.C.







Rodney E. Denni s



Chairman of Arbitration Board







Charles I. Hopkins, Jr. W. J. Wanke

Carrier Member Organization Member





#4



- 3-



The following examples illustrate the application of the rule to employees

whose earliest seniority date in engine or train service is established on or after

November 1, 1985:



1. An engineer is called to deadhead from his home terminal to an away-from-home

point. He last performed service 30 hours prior to commencing the deadhead trip.

The deadhead trip consumed 5 hours and was not combined with the service trip.

The service trip out of the away-from-home terminal began within 6 hours from the

time the deadhead trip was completed. What payment is due?



A. 5 hours at the straight time rate.



2. What payment would have been made to the engineer in example 1 if the service

trip out of the away-from-home terminal had begun 17 hours after the time the

deadhead trip ended, and the held-away rule was not applicable?



A. A minimum day for the deadhead.



3. What payment would have been made to the engineer in example 1 if the service

trip out of the away-from-home terminal had begun 18 hours after the time the

deadhead trip ended, and the engineer received 2 hours pay under the held-away

rule?



A. 6 hours at the straight time rate.



4. An engineer is deadheaded to the home terminal after having performed service

into the away-from-home terminal. The deadhead trip, which consumed 5 hours and

was not combined with the service trip, commenced 8 hours after the service trip

ended. What payment is due?



A. 5 hours at the straight time rate.



5. What payment would have been made to the engineer in example 4 if the deadhead

trip had begun 18 hours after the service trip ended and the held-away rule was not

applicable.



A. A minimum day for the deadhead.



6. What payment would have been made to the engineer in example 4 if the deadhead

trip had begun 18 hours after the time the service trip ended and the engineer

received 2 hours pay under the held-away rule?



A. 6 hours at the straight time rate.









#4







7. An engineer is deadheaded from the home terminal to an away-from-home

location. Ten (10) hours after completion of the trip, he is deadheaded to the home

terminal without having performed service. The deadhead trips each consumed two

hours. What payment is due?



A. A minimum day for the combined deadhead trips.



* NOTE: The amount of over-miles shown in the examples are on the basis of a 100

mile day. The number of over-miles will be reduced in accordance with the

application of Article IV, Section 2, of this Agreement.







#5



May 19, 1986



Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114



Dear Mr. Sytsma:



This refers to Article VII, Road Switchers of the Agreement of this date.



In the application of Section 1(c) of the Article, it was understood that if a

carrier without a pre-existing right to reduce a seven day assignment described in

Section 1(a) to a lesser number of days reduces such an assignment to six days per

week, the 48-minute allowance will be payable to employees on the assignment

whose seniority date in engine or train service precedes November 1, 1985. If the

carrier reduces the same assignment from seven days to five, an allowance of 96

minutes would be payable.



Conversely, if the carrier had the pre-existing right to reduce a seven day

assignment described in Section 1(a) to six days per week, but not to five days, and

reduced the seven day assignment to six days per week, no allowance would be

payable. If it reduced the assignment from seven days to five days, an allowance of

48 minutes would be payable.



Please indicate your agreement by signing your name in the space provided

below.



Very truly yours,



C.I. Hopkins

I agree:



John F. Sytsma



#6



May 19, 1986



Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114



Dear Mr. Sytsma:



This refers to Artlcle VIII, Section 1(b), of the Agreement of this date which

provides that only two straight pickups or setouts wlll be made. This does not allow

cars to be cut in behind other cars already in the tracks or cars to be picked up from

behind other cars already in the tracks. It does permit the cutting of crossings, cross-

walks, etc., the spotting of cars set-out, and the re-spotting of cars that may be

moved off spot in the making of the two straight setouts or pickups.



Please indicate your agreement by signing your name in the space provided

below.



Very truly yours,



C. I. Hopkins, Jr.

I agree:







John F. Sytsma



#6A



May 19, 1986



Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114



Dear Mr. Sytsma:



This refers to Section 1(b) of Article VIII of the Agreement of this date

whlch

provides that two straight pickups or setouts may be made without additional

compensation.



It is understood that Section 1(b) of Article VIII does not modify the

provisions in Article V of the May 13, 1971 National Agreement pertaining to road

crews handling solid trains in interchange to or from a foreign carrier.



Please indicate your agreement by signing your name in the space provided

below.



Very truly yours,



C. I. Hopkins, Jr.



I agree:









John F. Sytsma



NATIONAL RAILW AY LABOR CONFERENCE







i90l L STRE~T. N W WASHINGTON D C 20036/AREA CODE: 2o2-862-72oo







CHA~UESLHOPK n NS,Jr





D. P. I~E

G. F. DANEIS

Vic~ Q~ ~d

Vice C~

Ga~ Ca~ R T. Kdl~

Du~ar d l~r R~

#7



May 19, 1986







Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114



Dear Mr. Sytsma:



Thls refers to Article VIII - Road, Yard and Incidental Work - of the

Agreement of this date.



This confirms the understanding that the provisions in Section 3 thereof,

concerning incidental work, are intended to remove any existing restrictions upon

the use of employees represented by the BLE to perform the described categories of

work and to remove any existing requirements that such employees, if used to

perform the work, be paid an arbitrary or penalty amount over and above the normal

compensation for their assignment. Such provisions are not intended to infringe upon

the work rights of another craft as established on any railroad.



It is further understood that paragraphs (a) and (c) of Section 3 do not

contemplate that the engineer will perform such incidental work when other members

of the crew are present and available.



Please indicate your agreement by signing your name in the space provided below.



Very truly yours,









C. I. Hopkins, Jr.





I agree:









John F. Sytsma





NATIONAL RAILWAY LABOR CONFERENCE







1 90l L STREET. N W WASHINGTON. O C 20036/AREA CODE: 202-862 7200





.



CHAR1ESLHOPKIN~Jr



D. P. I EE G. F. DANE15

V~e a~ ~ V~oe a~O

- G~nl Callel R T. Kdl~



Di~ d l~ba Rd~



#8





May 19, 1986





Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114



Dear Mr. Sytsma:



This refers to Section 3, Incidental Work, of Article VIII.



It was understood that the reference to moving, turning, spotting and fueling

locomotives contained in Section 3(b) includes the assembling of locomotive power,

such as rearranging, increasing or decreasing the locomotive consist. It is not

contemplated that an engineer will be required to place fuel oil or other supplies on a

locomotive if another qualified employee is available for that purpose.



Please indicate your agreement by signing your name in the space provided

below.



Very truly yours,







C. I. Hopkins, Jr.



.





I sgree:













John F. Sytsma





NATIONAL RAILWAY LABOR CONFERENCE







l 90t L STREET. N W. WASHlNGToN C) C. 20036/AREA CO~E: 2c2-862-72oo







CHARUESLHOPKIN~Jr.





Chairma~t G. F.

DANEIS



Vse Q~ uJ Vi~

Ch~

Ga~l Coun~ R T. Kdl9



D~r~ d 1~ Rd~



#9



January 31, 1986







Mr. John F. Sytsma President Brotherhood of Locomotive Engineers 1112 Engineers

Buildlng 1365 Ontario Street Cleveland, OH 44114



Dear Mr. Sytsma:



This confirms our understanding with respect to Article IX Interdivisional

Service of the Agreement of this date.



On railroads that elect to preserve existing rules or practices with respect to

interdivisional runs, the rates paid for miles in excess of the number encompassed in a

basic dsy will not exceed those paid for under Article IX, Section 2(b) of the

Agreement of this date.



Please indicate your agreement by signing your name in the space provided

below.



Yery truly yours,







C. I. Hopkins, Jr.





I agree:









John F. Sytsma





NATIONAL R AILWAY LABOR CONFERENCE







90l L STREET N W WASHING~ON (~ C 20036/AREA CODE 202-~62-720 o







CHARLESI.H OPK~NS Jr





D. P. LEE

G. F. DANEIS

V~ Ch~ ~

Vi~ Ch~

Ga~ Cau bd R T. Kdly

Du~ d l~bor Rd~

#9A





May 19, 1986





Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114



Dear Mr. Sytsma:



This refers to Article IX, Interdivisional Service, of the Agreement of this

date.



It was understood that except as provided herein, other articles contained in

this Agreement, such as (but not limited to) the final terminal delay and deadhead

articles, apply to employees working in interdivisional service regardless of when or

how such service was or is established. However, overtime rules in interdivisional

service that are more favorable to the employee than Article IV, Section 2, of this

Agreement will continue to apply to employees who established seniority in engine

service prior to November 1, 1985 while such employees are working interdivisional

runs established prior to June 1, 1986.



Illustrations of maintaining present overtime rule for existing interdivisional runs

without standard overtime rules are shown below: [Based on 104 mile basic day

which becomes effective July 1, 1986~ Overtime calculated on basis of 25 m.p.h.,



250 mile run