between the

for the territory

and the

Effective July 1, 2008

Superseding Schedule effective January 1, 1977

Page

RULE 1. RATES OF PAY …………………………………………………………………………….. 1

RULE 2. ENTRY RATES ………………………………………………………………………..…… 7

RULE 3. PAY DIFFERENTIALS AND SPECIAL ALLOWANCES…………………………..……… 8

RULE 4. NEW TYPE LOCOMOTIVE ………………………………………………..……… 9

RULE 5. MULTIPLE-UNIT DIESEL LOCOMOTIVES ……………………………………..……… 9

RULE 6. HANDLING LOCOMOTIVES (Incidental Work) ………………………………….......…. 10

RULE 7. EXCHANGING TRAINS EN ROUTE ………………………………………………….... 10

RULE 8. TWO OR MORE LOCOMOTIVES ……………………………………………………….. 10

RULE 9. MORE THAN ONE CLASS OF ROAD SERVICE (GUTHRIE AWARD) ……………... 10

RULE 10. SERVICE PAID THROUGH FREIGHT RATES ……………………………………….. 12

RULE 11. LOCAL FREIGHT SERVICE ……………………………………………………………. 13

RULE 12. LIGHT ENGINES ………………………………………………………………………… 13

RULES 13 – RULE 23 – NOT REPRODUCED HEREIN …………………………………………… 13

RULE 24. BASIC DAY AND OVERTIME …………………………………………………………. 13

RULE 25. INTERDIVISIONAL FREIGHT SERVICE …………………………………………….... 16

RULE 26. BEGINNING AND ENDING DAY ……………………………………………………… 18

RULE 27. TRIP TO TERMINAL AND RETURN ………………………………………………..… 18

RULE 28. SIDE AND LAP BACK TRIPS ………………………………………………………….. 18

RULE 29. SHORT TURNAROUND SERVICE …………………………………………………….. 18

RULE 30. SERVICE OUT OF AWAY-FROM-HOME-TERMINAL ……………………………… 19

RULE 31. INITIAL TERMINAL DELAY ………………………………………………………….. 19

RULE 32. FINAL TERMINAL DELAY—FREIGHT SERVICE ………………….……………….. 21

RULE 33. TERMINAL SWITCHING AND FINAL TERMINAL DELAY—FREIGHT SERVICE … 22

RULE 34 . (PURPOSELY LEFT BLANK) …………………………………………………………... 22

RULE 35. RE-ICING AND HEATER SERVICE—POCATELLO AND MONTPELIER – (RETAINED

– NOT CARRIED FORWARD) …………………………………………………………… 22

RULE 36. (PURPOSELY LEFT BLANK) ...……………………………………………............... 22

RULE 37. TERMINAL WORK WHERE YARD CREWS ON DUTY ……………………………… 23

RULE 38. ENGINEERS SWITCHING ENROUTE WHERE YARD CREWS STATIONED ……… 24

RULE 39. FIRST-IN FIRST-OUT ……………………………………………………………………. 24

RULE 40. EXTRA ENGINEERS—OUTLYING POINTS (ROAD OR YARD) ……………………. 25

RULE 41. RELIEF SERVICE ………………………………………………………………………… 26

RULE 42. EXTRA ROAD ENGINEERS USED IN YARD SERVICE ……………………………… 27

RULE 43. DOUBLING HILLS ………………………………………………………………………. 27

RULE 44. SPECIAL MILEAGE ALLOWANCES …………………………………………………... 28

RULE 45. REGULAR LOCAL AND MIXED TRAIN ASSIGNMENTS …………………………… 28

RULE 46. EXTRA SERVICE ………………………………………………………………………… 29

iii

RULE 47. CONVERSION ……………………………………………………………………………. 29

RULE 48. TIE-UPS …………………………………………………………………………………… 29

RULE 49. GUARANTEE …………………………………………………………………………….. 30

RULE 50. ROTARY SNOW PLOW SERVICE ……………………………………………………… 31

RULE 51. DOUBLE CREW SNOW SERVICE ……………………………………………………… 32

RULE 52. UNASSIGNED SNOW SERVICE ……………………………………………………….. 32

RULE 53. BASIC DAY ………………………………………………………………………………. 33

RULE 54. OVERTIME ………………………………………………………………………………. 33

RULE 55. TIME ON DUTY ……………………………………………………………………….… 33

RULE 56. BULLETINS—ASSIGNMENTS ………………………………………………………… 33

RULE 57. GUARANTEE ……………………………………………………………………………. 33

RULE 58. STARTING TIME ………………………………………………………………………... 33

RULE 59. UNASSIGNED HELPER SERVICE …………………………………………………….. 34

RULE 60. SWITCHING ……………………………………………………………………………… 34

RULE 61. CONVERSION ……………………………………………………………………………. 34

RULE 62. HELPER SERVICE—EXTRA ALLOWANCE ………………………………………….. 35

RULE 63. RATES OF PAY ……………………………………………………………….…………. 35

RULE 64. BASIC DAY …………………………………………………………………….………… 35

RULE 65. OVERTIME ……………………………………………………………………..………… 35

RULE 66. TIME BEGINS AND ENDS ……………………………………………..……………….. 36

RULE 67. POINT FOR BEGINNING AND ENDING DAY ………………………..………………. 36

RULE 68. CALCULATING ASSIGNMENTS ………………………………………………..……… 36

RULE 69. ASSIGNMENTS ………………………………………………………………………..…. 37

RULE 70. STARTING TIME ……………………………………………………………………..….. 37

RULE 71. MEAL PERIOD ………………………………………………………………………..….. 37

RULE 72. ARBITRARIES …………………………………………………………………….……… 37

RULE 73. ROAD SERVICE ………………………………………………………………………….. 38

RULE 74. CALLING-YARD SERVICE ……………………………………………………………… 38

RULE 75. CALL AND RELEASE ……………………………………………………………………. 38

RULE 76. SENIORITY ……………………………………………………………………………….. 39

RULE 77. SENIORITY—EXERCISING …………………………………………………………….. 39

RULE 78. SENIORITY BULLETINS—FILLING VACANCIES …………………………………… 40

RULE 79. YARD WORK TRAIN SERVICE ………………………………………………………… 41

RULE 80. DEADHEADING …………………………………………………………………………. 41

RULE 81. EXTRA BOARDS ………………………………………………………………………… 42

RULE 82. HELPING OR PUSHING WITHIN SWITCHING DISTRICTS ………………………… 43

iv

RULE 83. RIGHTS TO SERVICE …………………………………………………………………… 43

RULE 84. DISPLACED ENGINEERS ………………………………………………………………. 43

RULE 85. SENIORITY BULLETINS—ASSIGNMENTS ………………………………………….. 45

RULE 86. CHANGING ASSIGNMENTS—ROAD …………………………………………………. 47

RULE 87. POOL FREIGHT SERVICE – VACANCIES AND ASSIGNMENTS ………………….. 48

RULE 88. VACANCIES IN REGULAR ASSIGNED FREIGHT SERVICE ……………………….. 48

RULE 89. EXTRA BOARDS - APPLICATIONS FOR AND MOVEMENTS TO ………………… 49

RULE 90. ESTABLISHING AND DISCONTINUING ASSIGNMENTS ……………………………. 49

RULE 91. EXTRA BOARDS—MAINTAINING ………………………………………………….… 50

RULE 92. EXTRA ENGINEERS FILLING REGULAR ASSIGNMENTS ……………………….... 50

RULE 93. CALLING …………………………………………………………………………………. 50

RULE 94. NOT CALLED OR RUN IN TURN ………………………………………………………. 52

RULE 95. CALLED AND NOT USED ………………………………………………………………. 52

RULE 96. HELD-AWAY-FROM-HOME-TERMINAL ……………………………………………… 53

RULE 97. REMAINING ON RUNS ………………………………………………………………….. 54

RULE 98. DETOURING ……………………………………………………………………………… 54

RULE 99. EFFICIENCY TESTS ……………………………………………………………………… 54

RULE 100. (PURPOSELY LEFT BLANK) ……………………………………………………………. 54

RULE 101. ENGINE SUPPLIES ………………………………………………………………………. 54

RULE 102. DEADHEADING …………………………………………………………………………. 55

RULE 103. TIE-UPS—FEDERAL LAW ……………………………………………………………… 57

RULE 104. USING ENGINEER SHORT-RESTED AT AWAY-FROM-HOME TERMINAL ……… 57

RULE 105. ENGINEERS HELD FOR REST ………………………………………………………..... 57

RULE 106. UNASSIGNED SERVICE—OUTLYING POINTS …………………………………...…. 58

RULE 107. TIE-UPS—COMPANY ………………………………………………………………….... 58

RULE 108. EATING AND SLEEPING ACCOMMODATIONS …………………………………….. 58

RULE 109. TIE-UPS—WALKING TO REGISTER …………………………………………………. 58

RULE 110. REST ……………………………………………………………………………………..... 59

RULE 111. MEALS …………………………………………………………………………………..... 66

RULE 112. ESTABLISHING ENGINEER’S SENIORITY AND HANDLING OF

DEMOTED ENGINEERS ………………………………………………………………... 66

RULE 113. MAINTAINING SKILLS AND QUALIFICATIONS …………………………………..... 67

RULE 114. EXCHANGING SENIORITY …………………………………………………………….. 67

RULE 115. (PURPOSELY LEFT BLANK) ..........…………………………………………………..... 68

RULE 116. MILEAGE REGULATIONS ……………………………………………………………... 68

RULE 117. LEAVES OF ABSENCE …………………………………………………………………. 72

RULE 118. USED OFF REGULAR ASSIGNMENT ………………………………………………..... 75

RULE 119. USED OF ASSIGNED DISTRICT ……………………………………………………….. 75

RULE 120. ATTENDING COURT AND BUSINESS FOR COMPANY ……………………………. 75

RULE 121. JURY DUTY AND BEREAVEMENT LEAVE …………………………………………. 75

RULE 122. DISCIPLINE—HEARINGS AND PAYMENT FOR ATTENDING ……………………… 77

RULE 123. (PURPOSELY LEFT BLANK) ……………………………………………………………. 80

RULE 124. SERVICE LETTER ……………………………………………………………………….. 80

v

RULE 125. VISION AND HEARING—FIELD TEST ……………………………………………….. 80

RULE 126. PHYSICAL DISQUALIFICATION ……………………………………………………… 80

RULE 127. QUALIFICATION—TYPES OF LOCOMOTIVES ……………………………………… 81

RULE 128. (PURPOSELY LEFT BLANK) …………………………………………………………….. 82

RULE 129. PEER TRAINING ………………………………………………………………………… 82

RULE 130. USE OF RADIO/TELEPHONES/COMMUNICATION DEVICES ……………………. 84

RULE 131. TIME LIMIT ON CLAIMS AND GRIEVANCES ……………………………………… 85

RULE 132. TIME SHORTAGES—VOUCHERS ……………………………………………………. 86

RULE 133. REPRESENTATION …………………………………………………………………….. 86

RULE 134. ENACTMENT AND TERMINATION ………………………………………………….. 86

1. DUES DEDUCTION - (EO 1553) ………………………………………………………………………….. 91

2. FIVE-DAY WORK WEEK – (IDE – 5544) …………………………………………………………………. 95

3. SWITCHING LIMITS ………………………………………………………………………………………… 99

Spokane - Trentwood

Albina – (LR 512-1-1)

Fischer

Pocatello

4. ROTARY POOL BOARD - SALT LAKE-POCATELLO - (Misc. Eng. 82(a) ) ………………………… .... 104

5. POOL FREIGHT - SALT LAKE OGDEN AND SALT LAKE - POCATELLO – (EO 1378) ……………… 106

6. CAB CONDITIONS SETTLEMENT ………………………………………………………………………… 109

7. OPERATING VACATION AGREEMENTS ………………………………………………………………… 117

8. COMBINED VACATION AGREEMENT AND SUPPLEMENTS - (EO 1369 EO 1377 IDF 5023) …… 131

9. SYNTHESIS HOLIDAY PAY ……………………………………………………………………………… 142

10. INTERDIVISIONAL AND/OR POOL FREIGHT SERVICE AGREEMENT………………………………… 148

PART A – UP Salt Lake City to Butte and Granger to Huntington (Idaho)

PART B – UP Northwestern District – Oregon Division (former Oregon)

PART C – UP Los Angles to Salt Lake (former South – Central)

PART D – Denver, Rio Grande and Western (former DRGW)

PART E – Southern Pacific Transportation Company (SP Western Lines)

PART F - UP Eastern District ( UPED Agreement)

11. SUPPLEMENTAL UNDERSTANDINGS AND RULE MODIFICATIONS …………………………….. 235

12. RULE MODIFICATIONS - DEADHEADING …………………………………………………………….. 238

13. LETTERS OF UNDERSTANDING - INTERDIVISIONAL SERVICE DATED JUNE 29, 1972, MEAL

ALLOWANCES; JUNE 29, 1972 DILLON-BUTTE INTERDIVISIONAL SERVICE; AND JUNE 30,

1972 COMPUTING INITIAL TERMINAL DELAY, SHERMAN STREET, POCATELLO …………… 239

14. INTERDIVISIONAL SERVICE - SUPPLEMENTAL UNDERSTANDINGS …………………………… 249

15. PROTECTION OF EMPLOYES …………………………………………………………………………… 251

16. INTERDIVISIONAL SERVICE - SALT LAKE-GREEN RIVER AND SUPPLEMENTAL

UNDERSTANDINGS – (RLA-6--420) ……………………………………………………………………. 253

17. INTERDIVISIONAL SERVICE CONDITIONS - THROUGH FREIGHT SERVICE, SALT LAKE -

POCATELLO – (RLA-6--420) …………………………………………………………………………….. 259

18. FILLING TEMPORARY INTERDIVISIONAL SERVICE SALT LAKE-GREEN RIVER POOL AND

SALT LAKE- MONTPELIER POOL – (RLA-6-420) – (MISC. ENG. 8(A) – (EO-1378) ……………… 260

vi

19. INTERDIVISIONAL SERVICE - SALT LAKE-MONTPELIER - (GEN. 32) …………………………… 262

20. INTERDIVISIONAL SERVICE - NAMPA-LAGRANDE AND MODIFICATIONS

(RLA-6-391-B) (RLA-6-400-B) (RLA-6-393-B) (RLA-6-420-B) …………………………………………. 264

21. EXTRA ENGINEERS WORKING AS HOSTLERS ………………………………………………………. 273

22. PROMOTION AND MODIFICATION G-2 RULE ESTABLISHING IDENTIFIED ZONES ……………. 274

23. UNDERSTANDING ON REDUCTION THROUGH FREIGHT POOLS –(EO 2131) ……………………. 277

24. FAMILIARIZATION - TRAINING BOARDS ……………………………………………………………... 278

HELPER, UTAH

PORTLAND ZONES 2 & 3 AND SALT LAKE CITY HUB

PORTLAND ZONE 1

25. AGREEMENTS OCTOBER 16, 1967; AND JANUARY 1, 1970 FILLING TEMPORARY VACANCIES,

SALT LAKE AND POCATELLO YARDS, AND TERRITORY PROTECTED BY POCATELLO

EXTRA BOARD –(EO 2319) ……………………………………………………………………………….. 281

26. DONATION OF PERSONAL LEAVE AND VACATION ……………………………………………….. 286

27. ROAD AND YARD VACANCIES - SALT LAKE CITY (EO 1300) ……………………………………. 290

28. INTENDED STRAIGHT-AWAY TRIP (THROUGH FREIGHT SERVICE) (RLA-6-420) ……………… 294

29. INTENDED STRAIGHT-AWAY TRIP (SALT LAKE CITY – POCATELLO) (E0 1378) ……………… 295

30. RELIEF AND STAGING SERVICE SALT LAKE HUB ……………………………………………….… 296

31. OUTSIDE POINT ASSIGNMENT – OREGON SECOND DISTRICT (OREGON FENCE RULE) ……. 301

32. TEMPORARY TRANSFER AGREEMENTS ……………………………………………………………… 308

33. DRIVING ALLOWANCE - MONTPELIER ENGINEERS ASSIGNED SODA SPRINGS LOCALS ……… 316

34. EBB AND FLOW AGREEMENTS ………………………………………………………………………… 317

35. MISSED CALL AGREEMENT ……………………………………………………………………………. 349

36. CLEAN SHIRT RULE ……………………………………………………………………………………… 350

37. ENGINEERS ACTING AS INSTRUCTORS QUALIFYING FIREMEN FOR PROMOTION ………….. 351

38. EXCHANGING TRAINS …………………………………………………………………………………… 354

39. MILEAGE ALLOWANCE FOR USE OF PERSONAL AUTOMOBILE DEADHEADING ON

COMPANY BUSINESS - (GEN. 9-E(A) …………………………………………………………………... 355

40. DIESEL ELECTRIC ROTARY SNOWPLOW - (EO-1830) (Cy EO-1845) (EO-1959) ……………………. 356

41. RUNAROUND ENROUTE AGREEMENT APRIL 16, 1959 – (EO 1777) ………………………………… 357

42. GOWAN FIELD - SCOVILLE BRANCH - POCATELLO AIR BASE- MOUNTAIN HOME AIR

BASE AND LEEFE SPUR – (BLE 1704) …………………………………………………………………. 359

43. UNION OFFICER HOLDING TURN FIRST-OUT ………………………………………………………… 365

44. ROAD SWITCHER AGREEMENTS – 1860.99 ……………………………………………………………. 367

45. GUARANTEED ENGINEERS’ EXTRA BOARD AGREEMENTS ………………………………………. 371

PORTLAND HUB ZONES 1, 2 AND 3

SALT LAKE HUB

AGREED TO QUESTIONS AND ANSWERS – REST DAY INCENTIVE

46. GUARANTEED ENGINEERS’ EXTRA BOARD AGREEMENT – CLARIFICATION AND

UNDERSTANDING - (calculating guarantee) ……………………………………………………………… 388

47. YARD ENGINEERS’ “MINI SHIFT” RULE ……………………………………………………………….. 393

48. TRADING TURNS …………………………………………………………………………………………... 395

49. ENGINEER USED AS CONDUCTOR – POOL FREIGHT SERVICE – LAS VEGAS …………………… 398

50. INSTRUCTION-EXAMINATION CLASSES – OPERATING RULES AGREEMENT ………………….. 402

51. RESERVE ENGINEERS AGREEMENT (RESERVE BOARD) …………………………………………… 408

52. YAHK AGREEMENT (SPOKANE – EASTPORT POOL FREIGHT SERVICE) ………………………..... 411

vii

53. SALT LAKE CITY INTERMODAL FACILITY (SLCIF) AGREEMENT ……………………………….. 413

54. PORTLAND HUB ZONE 1 MERGER IMPLEMENTING AGREEMENT ………………………………. 418

55. PORTLAND HUB ZONES 2 AND 3 MERGER IMPLEMENTING AGREEMENT …………………….. 450

56. SPOKANE INTERNATIONAL RAILROAD COMPANY PORTLAND HUB ZONE 2 ………………… 485

57. SALT LAKE HUB MERGER IMPLEMENTING AGREEMENT ……………………………………….. 495

58. ENGINEERS GIVING UP ASSIGNMENT ……………………………………………………………….. 531

59. HELPER ASSIGNMENTS AT HELPER, UTAH …………………………………………………………. 532

60. 2000 ON PROPERTY NEGOTIATIONS – NOVEMBER 21, 2003 LETTERS OF UNDERSTANDING … 533

61. AUTOMATIC MARK-UP AND QUESTIONS AND ANSWERS ……………………………………….. 539

62. PERSONAL LEAVE DAY INTERPRETATION – AGREED TO QUESTIONS AND ANSWERS ……. 544

63. PREVENTION PROGRAM COMPANION AGREEMENT ……………………………………………… 552

64. NON-STANDARD START TIME – SALT LAKE CITY YARD ASSIGNMENT – YSC51........................... 554

65. OVERTIME TABLES ………………………………………….…………………………………………… 556

viii

RULE 1. RATES OF PAY.

(a) The following rates of pay shall apply to engineers operating all types of locomotives in the territory covered by this agreement.

NOTE 1: See current prevailing rate tables.

NOTE 2: The differential of $4.00 per basic day in freight and yard service, and 4¢ per mile for miles in excess of one-hundred (100) in freight service, will be maintained for engineers working without firemen, the fireman's position having been eliminated pursuant to the provisions of Award 282 and shall be applied in the same manner as the local freight differential.

Pay rules providing for additional pay when working without a fireman and that pay's relationship to working with a reduced train crew are amended as follows:

1. Union Pacific Eastern District and Western Region (South Central, Western Pacific, Idaho and Oregon shall have the $6.00 payment rolled into the basic rate.

2. Union Pacific Upper Lines, Chicago and Eastern Illinois and Southern Region shall have the $4.00 payment increased to $6.00 and rolled into the basic rate.

3. The respective six (6) cents and four (4) cents per over mile payment shall continue as previously handled.

4. The $6.00 and $4.00 payments and/or reduced crew equalization payments are eliminated.

NOTE 1: The Union Pacific - CNW area will have no adjustment made as the payments were previously rolled in.

NOTE 2: This does not affect the payment of $15 and 15 cents per over mile or the payment of $2.75 and 45 minutes.

NOTE 3: For the purpose of officially classifying locomotives, the Company will post notices at all terminals showing actual weight-on-drivers of all locomotives in service.

NOTE 4: For the purpose of computing pay, any service performed by an engineer shall be applied to the date on which he/she is required to report for duty.

1. The minimum weight in through freight service will be 1,200,000 Lbs. (representing three locomotive units). The actual weight of all locomotive units utilized will continue to be determined by the carrier and such weight will apply in instances where the total weight exceeds 1,200,000 lbs.

NOTE: Distributed Power Units (DPU) will be included in the calculation of total weight on drivers under this Agreement.

2. The minimum weight as set forth in Section 1 above applies only for locomotive engineers operating in through freight service.

3. Effective on the effective date of this agreement, the parties agree to establish an Average Weight Committee, to develop and implement a new system that will eliminate the necessity of determining actual unit weights to determine the proper rate of pay. The Committee will be guided by the following concept:

After a joint review involving timekeeping records, the parties will establish the average weight of locomotives utilized on the system in through freight service.

Thereafter, in through freight service, this average weight will apply to each unit above three units in a locomotive consist.

The parties have agreed that the current pay system should be simplified. In agreeing upon a new pay system the following principles shall apply:

(a) The new pay system will neither create nor result in additional pay-related costs for a carrier, nor gains for its employees, nor losses for pre October 31, 1985 employees, except insofar as those employees acquiring seniority in train or engine service subsequent to October 31, 1985 who, coincident with the establishment of Trip Rates pursuant to this Article, will have their Trip Rates calculated based upon elements of pay for which they were not eligible prior to the date of this Agreement. Except as otherwise provided herein, pay elements not specifically identified in Part B, Section 5 will continue to be covered by existing rules and will not be impacted by this Article.

(b) The provisions of the new pay system will have no effect on work rules except where a pay element is incorporated in a Trip Rate.

Any pay element incorporated in a Trip Rate established hereunder will not be used to support a claim for that pay element relating to that trip, and carrier shall not be required to respond to any such claim.

The parties recognize that successful implementation of this Article is dependent upon the mutual cooperation of all involved. Therefore, a Joint Committee shall be established on each carrier party to this Agreement consisting of an equal number of organization and management participants. To the extent possible, the Committee shall consist of representatives from that property who participated in the negotiations leading to this Agreement. The initial responsibility of the Committee shall be to explain the intent of this Article to the affected employees and managers so that there will be a clear and consistent understanding as to the Article’s purpose and intent.

2

A new pay system shall be implemented as provided in this Part for all employees covered by this Agreement working in through freight (assigned and unassigned) service.

(a) Each carrier shall develop Trip Rates for Starts in through freight service runs/pools. The Trip Rates shall incorporate the pay elements specified in Section 5 except as otherwise agreed by the parties or determined by the Disputes Committee established in Section 6 hereof. Once Trip Rates become effective for runs/pools, pay elements incorporated in such Trip Rates will not be used to support any claims for those pay elements relating to that trip. Pay elements not included in Trip Rates will continue to be covered by existing rules.

(b) A Trip Rate shall be developed for each separate run/pool except as otherwise provided in Section 9.

(a) Trip Rates for through freight service runs/pools shall be derived as follows:

(1) add together all earnings attributable to the elements of pay to be incorporated in the Trip Rate actually paid to the employees (including extra employees) whose seniority in train service was established on or before October 31, 1985 (“Pre-85 Employees") for all through freight Starts involving service performed on such runs/pools during the Test Period;

(2) divide the earnings derived from the calculation in (1) above by the total through freight Starts made during the Test Period by the Pre-85 Employees (including extra employees) who performed service;

(3) the Trip Rate for each Start on such run/pool for all employees (including extra employees) shall be the dollar amount derived by the calculation set forth in (2);

(4) the earnings described in paragraph (1) above shall include all compensation attributable to the Starts described in paragraph (2) above and subsection (b) below.

(b) For purposes solely of this Article, the term “Start” shall mean a fully compensated trip performed by the pool/run (including extra employees), including other trips such as deadhead, Hours of Service relief, and turnaround service directly related to and performed by the pool/run.

(c) Test Period. The parties agree that the differences in the prevailing operating conditions on each Carrier signatory to this Agreement warrant the establishment of Test Periods being developed on an individual railroad basis, pool/run by pool/run. The objective in developing Test Periods will be to establish a measurement which reflects a 12-month period of “normalized operations.” Normalized operations as defined and used herein will mean an operating pattern which is not adversely affected by the implementation of a major transaction such as an acquisition, control or merger involving two or more Carriers or any other unusual or extenuating circumstances. The Carrier will bear by a preponderance of the evidence the burden of substantiating its reasons for selecting the Test Periods proposed for runs/pools.

3

(a) In the computation and application of the Trip Rates described in Section 3 above, the adjustments set forth in subsection (b) and (c) shall be made, where appropriate:

(b) Computation Adjustments:

(1) If and to the extent that General Wage Increases and Cost of Living Adjustments (except as to pay elements which are not currently subject to wage adjustments) become effective during a Test Period, appropriate computation adjustments shall be made, but there shall be no duplication or pyramiding;

(2) Trip Rates shall be subject to adjustment for General Wage Increases and Cost of Living Adjustments (except as to pay elements which are not currently subject to wage adjustments) that become effective during the period from close of the Test Period to the effective date of the Trip Rate, but there shall be no duplication or pyramiding.

(c) Application Adjustments:

(1) General Wage Increases and Cost of Living Adjustments (except as to pay elements which are not currently subject to wage adjustments) that become effective on or after the effective date of a Trip Rate shall be applied, but there shall be no duplication or pyramiding.

(2) Trip Rates applicable to employees covered by rules adjusting compensation based on the employee’s length of service with the carrier (such as Article IV, Section 5 of the November 7, 1991 BLE Implementing Document) shall be adjusted by such rules.

(d) Each Trip Rate established pursuant to this Article shall be used solely to compensate employees for a Start in the involved run/pool. The Trip Rate shall not modify existing rules governing payment for personal leave, vacation, etc.

(a) The following pay elements shall be incorporated in each Trip Rate except as otherwise agreed by the parties or determined by the Disputes Panel established in Section 6 of this Part:

(1) payments attributable to mileage or time;

(2) payments attributable to terminal/departure/yard runarounds;

(3) payments attributable to conversion of the employee’s assignment to local freight rates;

(4) payments made, pursuant to agreement, to employees in lieu of being afforded meal periods, and penalty payments made to employees attributable to violations of rules relating to employees eating en route in through freight service (this does not apply to non-taxable meal allowances);

(5) payments made to an employee resulting from being required, in accordance with existing agreements, to “step up” in the employee’s pool, which for this purpose shall mean taking a turn in such pool earlier than would otherwise be the case due to other sources of supply being exhausted;

(6) payments attributable to initial terminal delay;

(7) payments attributable to final terminal delay;

4

(8) payments attributable to deadheading;

(9) payments attributable to terminal switching (initial, intermediate and final).

(b) In the establishment of Trip Rates for runs/pools pursuant to this Article, the parties may mutually agree to modify the National Pay Elements specified above, and/or to include additional pay elements, with respect to such Trip Rates. Pay elements not expressly included in Trip Rates will continue to be covered by existing rule.

A National Disputes Committee (“Disputes Committee”) is established for the purpose of resolving any disputes that may arise under this Article. Such Committee shall consist of the President of the BLE and the Chairman of the NCCC, and a neutral Chairman selected by the parties or, absent  agreement, appointed by the National Mediation Board. Each partisan member may select others to serve on the Committee at his/her discretion. If the partisan members of the Committee are unable to agree on resolution of any dispute within ten (10) days after convening, the matter will be referred to   the neutral Chairman for resolution. The neutral Chairman will resolve the dispute within ten (10) days after referral of the matter. Each party shall bear its own costs and shall equally share the fees and expenses of the neutral. Any resolution by the Committee or by the neutral shall be final and binding and shall be enforceable and re-viewable under Section 3 of the Railway Labor Act.

Trip Rates for new runs/pools that existing agreements permit to be established may be so established based on Trip Rates for comparable runs/pools. Any dispute regarding such matters may be referred by either party to the Disputes Committee.

Trip Rates established pursuant to this Article shall be established in such a manner as to make them stable. If subsequent material changes occur that significantly affect a run/pool, the Trip Rate for such run/pool shall be adjusted to fairly reflect the changed circumstances occasioned by the material change. If the parties cannot agree on such adjustment, the matter may be referred by either party to the Disputes Committee. The burden of proof by a preponderance of the evidence shall rest on the party that contends that a material change that significantly affects a run/pool has occurred.

(a) Runs/Pools. Trip Rates for runs/pools shall be implemented as follows:

Carrier will serve notice on the authorized Organization representative(s) that will include the following information:

(1) Identification of runs/pools involved;

(2) Test Period Proposed (consistent with Section 3(c));

(3) Proposed Trip Rate(s) for the runs/pools, together with a summary of the underlying data supporting computation, based solely on incorporation of National Pay Elements set forth in Section 5 above;

(4) Any proposed modifications to the National Pay Elements and/or additional pay elements to be incorporated with respect to the proposed Trip Rate(s) for the

Pg. 5

runs/pools, and a summary of the underlying data supporting computation of such Trip Rate(s).

(b) The parties shall meet within thirty (30) days after service of the carrier notice to discuss the carrier proposal and any related proposals made by the Organization. At the request of the Organization, carrier will provide opportunity to review all relevant carrier data supporting the proposed Trip Rate computations.

(c) Trip Rates for the runs/pools shall become effective as follows:

(1) On the date agreed to by the parties;

(2) Absent agreement or a written referral to the Disputes Committee, thirty (30) days after service of the Carrier notice, where Trip Rate is based solely on incorporation of the National Pay Elements; or

(3) Where the matter has been referred to the Disputes Committee, on the effective date of such Committee’s resolution of the dispute.

(d) If the parties are unable, despite best efforts, to reach agreement on implementation of a Trip Rate for a run/pool, either party may refer the dispute to the Disputes Committee. The burden of proof by a preponderance of the evidence shall rest on the party that proposes implementation.

(e) If either party concludes that implementing a Trip Rate for a run/pool is inappropriate, it shall promptly notify the other party of its conclusion. The parties shall meet and make a reasonable effort to resolve the matter after review and discussion of all relevant information. If the parties are unable to resolve the matter despite their best efforts, either side may refer the matter to the Disputes Committee. The burden of proof by a preponderance of the evidence shall rest on the party that proposes not to implement a Trip Rate with respect to the run/pool involved.

(f) The parties mutually intend to work diligently with the ultimate objective of developing Trip Rates for through freight runs/pools. If either party believes that the rate of progress in developing Trip Rates is insufficient, it may refer the matter to the Disputes Committee, and it shall bear the burden of proof by a preponderance of the evidence.

(g) Trip Rates for runs/pools should be implemented as expeditiously as possible, but in any event, all of them shall be implemented no later than thirty (30) months after the date of this Agreement, unless the parties otherwise agree or the Dispute Committee otherwise decides.

Trip rates will be established for other classes of road service (road switchers, local freight, etc.) consistent with the terms, conditions, principles and guidelines as currently established in this Article and consistent with each class of service.

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Any employee who is subject, on June 30, 2004, to Article IV, Section 5 of the November 7, 1991 National Agreement shall be compensated, on and after July 1, 2004, at the full rate of the position when working as a locomotive engineer.

Local rules that adjust compensation for employees based on length of service on carriers that are not covered by the aforementioned Article IV, Section 5 are hereby amended in the same manner as provided in Section 1.

(a) An employee who is subject to national rules concerning rate progression on the effective date of this Article shall have his/her position on the rate progression scale adjusted to the next higher level upon promotion to engineer. An employee covered by this Agreement who is  subject to Article IV, Section 5 of the 1991 National Agreement (Rate Progression - New Hires) on the effective date of this Article shall have his/her position on the rate progression scale adjusted to the next higher level on such effective date.

(b) The next adjustment to an employee's position on the rate progression scale after the adjustment specified in subsection (a) of this Section shall be made when such employee completes one year of "active service" (as defined by the aforementioned Article IV, Section 5) measured from the date on which that employee would have attained the position on the rate  progression scale provided pursuant to subsection (a) of this Section.

Local rate progression rules applicable on a carrier that is not covered by the aforementioned Article IV, Section 5 are hereby amended in the same manner as provided in Section 1.

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This Article shall become effective ten (10) days after the date of this Agreement and is not intended to restrict any of the existing rights of a carrier except as specifically provided herein.

In any class of service or job classification, rates of pay, additives and other applicable elements is established on or after November 1, 1985, will be 75% of the rate for present employees and will 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.

(a) Effective July 29, 1991, a differential of $12.00 per basic day in freight and yard service, and 12 cents per mile for miles in excess of the number of miles encompassed in the basic day in freight service, will be payable to eligible engineers working assignments without a fireman provided the conditions described below are met.

(b) Effective January 1, 1995, such differential will be increased to $15.00 per basic day, and to 15 cents per mile for miles in excess of the number of miles encompassed in the basic day.

(a) Under the applicable agreement governing the consist of train crews:

(i) a member of the train crew is entitled to receive a productivity fund payment, or per-trip payment in lieu thereof, and

(ii) the carrier is required to make a productivity fund payment for that trip or tour of duty.

(b) The engineer must have:

(i) an engineer's seniority date no later than the date that determines eligibility for "protected employees" receiving productivity fund payments in that territory, or

(ii) been a “protected employee” under a crew consist agreement, and was subsequently promoted to engineer on the same railroad.

(c) This Article is not applicable on a carrier that has an agreement with the organization

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adjusting the compensation of engineers in response to the change in compensation relationships between engineers and other members of the crew brought about by crew consist agreements unless the appropriate BLE General Chairman elects to adopt this Article in lieu of the pay adjustments (including personal leave days) provided in such agreement. Such election must be exercised on or before December 20, 1991. If such election is made, the provisions of this Article will become effective on that property on January 1, 1992, however, such local agreements concerning matters other than pay adjustments shall be retained.

Because the Rail Safety Improvement Act of 1988 imposed additional responsibility on locomotive engineers this Arbitration Board finds that for each calendar day worked certified engineers in yard and/or road service shall receive an allowance of $5.00.

This certification allowance shall not be offset by any changes in switching allowances, initial terminal delay, final terminal delay or terminal runaround penalties.

This certification allowance shall remain in effect until a successor collective bargaining agreement or until the parties mutually agree to do otherwise.

If a type of locomotive is introduced which was not formerly in use and the rates herein provided are less than those in effect for the same type on immediately adjacent railroads upon which the operating conditions are comparable, the rates of such locomotive on other railroads shall be applied.

RULE 5. MULTIPLE-UNIT DIESEL LOCOMOTIVES.

All units of a diesel-electric locomotive in all road services which are connected one with another by control cables shall be considered one locomotive when in charge of one engineer, and the rate of pay shall be determined by the weight-on-drivers of all units so connected and in charge of one engineer, even though one or more of the connected units of the diesel locomotive are inoperative.

NOTE: This rule shall not be construed to mean that engineers in charge of helper or doubleheader engines shall be paid the combined weight-on-drivers of all units pulling the train because the engineer on the lead locomotive controls the air brakes, etc.

In yard service, the rate of pay shall be determined by the combined weight-on-drivers of the maximum number of connected units of the locomotive in charge of one engineer which are operative and in use at any one time during the shift or day's work.

NOTE: Distributed Power Units (DPU) will be included in the calculation of total weight on drivers under this Agreement.

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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

(f) Use communication devices; copy and handle train orders clearances and/or other messages

(g) Any duties formerly performed by firemen.

Engineers hired prior to October 31, 1985 working in through freight service, handling trains destined to the same objective terminal, required between terminals of their assigned district to  exchange trains will be allowed payment of one arbitrary hour in addition to all other road and terminal time for the trip, but this shall not qualify for engine change payment under this rule.

When two (2) or more locomotives are used during trip, or day's work, the rate applicable to the heaviest engine on drivers shall be paid for the entire day or trip.

Road engineers employed in any class of road service may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions:

A. Payment:

1. Except as qualified by A-2 below, payment for the entire service shall be made at the highest rate applicable to any class of service performed, the overtime basis for the rate paid to apply for the entire trip. Not less than a

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minimum day will be paid for the combined service.

When two or more locomotives of different weight on drivers are used during a trip or day's work, the highest rate applicable to any locomotive used shall be paid for the entire day or trip.

2. Road engineers in through freight and passenger service only shall receive full payment for the regular day or trip based on miles or hours applicable to the regular day or trip plus extra compensation on a minute basis for all additional time required in the other class of road service.

The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip.

When two or more locomotives of different weight on drivers are used during a trip or day's work, the highest rate applicable to any locomotive shall be paid for the entire day or trip.

Overtime rate shall apply to the extra compensation only to the extent that the additional service results in overtime for the entire day or trip or adds to overtime otherwise payable for hours required for the regular trip.

(a) An engineer in through freight service on a run of 100 miles is on duty a spread of 8 hours, including 2 hours of another class of road service - Engineer will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(b) An engineer in through freight service on a run of 100 miles is on duty a spread of 9 hours, including 2 hours of another class of road service - Engineer will be paid 100 miles or 8 hours at pro rata rate for the trip plus 1 hour at pro rata rate and 1 hour at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(c) An engineer in through freight service on a run of 100 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Engineer will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(d) An engineer in through freight service on a run of 100 miles is on duty a spread of 12 hours, including 2 hours of another class of road service - Engineer will be paid 100 miles or 8 hours at pro rata rate plus 2 hours at time and one-half for the trip plus 2 hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(e) An engineer in through freight service on a run of 150 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Engineer will be paid

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150 miles or 12 hours at pro rata rate for the trip, plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

B. This rule applies to:

1. Unassigned and/or assigned road service.

2. Another class of road service regardless of when notified, whether at time called, at the outset of, or during the tour of duty.

3. Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies.

C. This rule does not involve the combining of road with yard service nor modify or set aside:

1. Lap-back or side trip rules except when a combination of service includes work, wreck, helper or pusher service and such movements are made in the performance of work, wreck, helper or pusher service.

2. Conversion rules.

3. Terminal switching and/or special terminal allowance rules.

Rates for engineers in through and irregular freight, pusher, helper, mine run or roustabout, belt line or transfer, work, wreck, construction, snow plow, circus trains, trains established for the exclusive purpose of handling milk, and all other unclassified service shall be paid the through freight rate.

IT IS AGREED:

The following shall be adopted as a provision of Agreement to constitute an addition to Rule 1 of the January 1, 1977 Engineers' Basic Work Rules Agreement to be identified as Note 5, constituting an exception to Rule 10:

“NOTE 5: Engineers manning turnaround pool freight service between Salt Lake and Ogden will be paid the applicable local freight rate.”

This Agreement shall be effective February 1, 1978.

(Signatures Omitted)

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(b) Local rate shall be paid for assigned local freight service, assigned mixed train (COMBINED FREIGHT AND PASSENGER) service, assigned log train service, and beet train service.

(c) Engineers working in local freight service on assignments bulletined and assigned to five (5) days per week shall be compensated at the prevailing local freight rate computed on the pay code weight-on-driver basis minimum of 1,850,000 – 1,900,000 lbs. weight-on-drivers.

Engineers operating locomotives without cars in road service for their entire tour of duty shall be paid the through freight rate.

Schedule are not reproduced herein.

(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.

Pg. 13

(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:

Thru Freight Service Thru Passenger Service

Effective Date of Change Miles in Overtime Miles in Overtime Basic Day Divisor Basic Day Divisor

July 29, 1991 114 14.25 114 22.8

Jan. 1, 1992 118 14.75 118 23.6

Jan. 1, 1993 122 15.25 122 24.4

Jan. 1, 1994 126 15.75 126 25.2

Jan. 1, 1995 130 16.25 130 26.0

(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, effective July 29, 1991, overtime on a trip in through freight service of 125 miles will begin after 8 hours and 46 minutes (125/14.25 = 8.77 hours).

In through freight service, overtime will not be paid prior to the completion of 8 Hours of Service.

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.

(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 previously eliminated, shall not be subject to general, cost-of-living or other forms of wage increases.

Pg. 14

1. In other than pool freight and passenger on runs of one hundred (100) miles or less, overtime shall begin at the expiration of eight (8) hours; on runs of over one hundred (100) miles overtime shall begin when the time on duty exceeds the miles run divided by l2½. Overtime shall be paid for on the minute basis, at an hourly rate of three-sixteenths of the daily rate, according to class ofengine or other power used.

2. For pool freight and passenger the following shall apply.

(a). Post October 31, 1985 engineers:

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, effective July 29, 1991, overtime on a trip in through freight service of 125 miles will begin after 8 hours and 46 minutes (125/14.25 = 8.77 hours). In through freight service, overtime will not be paid prior to the completion of 8 Hours of Service.

(b). Pre October 31, 1985 engineers:

i. For Salt Lake Hub engineers:

Overtime - Employees who have an engineer/train service seniority date prior to October 31, 1985 shall begin overtime at the expirations of eight (8) hours for those through freight runs that are two hundred miles or less and on runs in excess of two hundred miles overtime will begin when the time on duty exceeds the miles run divided by 25, or in any case, when on duty in excess of 10 hours. When overtime, initial terminal delay and final terminal delay accrue on the same trip, allowance will be the combined initial and final terminal delay time, or overtime, whichever is the greater. Employees hired after October 31, 1985 shall be paid overtime in accordance with the National Rules governing same and in the same manner previously paid on the UPED prior to

the merger.

ii. For Portland Hub Zone 1, 2, and 3 engineers:

The agreement provision identified under subsection (b), Section 1 of Part III of this Agreement (see above) is modified to the extent that the following shall be added as a subparagraph hereof:

On interdivisional freight service runs only, overtime shall begin when the time on duty exceeds the miles run divided by 20 or, in any case, when engineers are on duty in excess of 10 hours, overtime shall be paid for on the minute basis at 3/16ths of the daily rate per hour.

"Example: Crew operates from X to Y, a distance of 180 miles, on duty 12 hours; engineer will be paid under this rule not less than 180 miles plus 3 hours

Pg. 15

overtime at the hourly rate of 3/16ths of the daily rate.

(d) OVERTIME TABLE: See Appendix 65.

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.

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 establishment of such service.

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

16

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.

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.

(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.

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

Every employee adversely affected either directly or indirectly as a result of the application of this rule

shall receive 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/her 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

17

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/her 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.

In all classes of service, other than passenger, engineers' time shall commence at the time they are

required to report for duty and shall continue until the time the engine is placed on the designated track or

they are relieved at terminal.

Engineers required to make short trips from a terminal to an outlying point and return, from an outlying

point to a terminal and return, or from an intermediate point to another intermediate point and return, on

account of engine failure, running for fuel or water, running for wreck car or carmen, or on account of a

derailment, when such conditions arise in connection with their own train, will be paid continuous time or

mileage.

When an engineer is required to make an emergency side or lap back trip between his or her terminals,

miles made will be added to the mileage of the regular trip, and paid for on continuous time basis. Such

side or lap back trips when not made in emergency, will be paid as per Rule 24, with a minimum of one

hundred (100) miles for eight (8) hours or less (straight-away or turnaround), time consumed in such trips

to be deducted when computing time on regular road trip.

NOTE: Emergency side and lap back miles for through freight service have been

incorporated into the prevailing trip rates per Article V - Pay System

Simplification, Part B, Section 5, (a)(1) of the 2003 National Agreement.

Engineers in pool or unassigned freight service may be called to make short trips and turnarounds, with

the understanding that one or more turnaround trips may be started out of the same terminal and paid

actual miles, with a minimum of one hundred (100) miles for a day, provided, (1) that the mileage of all

the trips does not exceed one hundred (100) miles; (2) that the distance run from the terminal to the

turning point does not exceed twenty-five (25) miles; and (3) that engineers shall not be required to begin

work on a succeeding trip out of the initial terminal after having been on duty eight (8) consecutive hours,

except as a new day, subject to first-in, first-out rule or practice. Crews shall be notified when called for

turnaround service.

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NOTE 1: SALT LAKE HUB - ART IV – B-2: Turnaround Service/Hours of Service Relief. Except

as provided in (1) above, turnaround service/ Hours of Service relief at both home

and away-from-home terminals shall be handled by extra boards, if available, prior to

using pool crews. Engineers used for this service may be used for multiple trips in

one tour of duty in accordance with the designated collective bargaining agreement

rules. Extra boards may handle this service in all directions out of a terminal.

NOTE 2: PORTLAND ZONE 1 - ART VI – B-1 - Turnaround Service/Hours of Service Relief.

Turnaround service/ Hours of Service relief at both home and away-from-home

terminals;

(a) May be handled by extra boards at the away-from-home terminal, and,

(b) Shall be handled by extra boards at the home terminals, if extra crews are available,

prior to using pool crews. Engineers used for this service may be used for multiple

trips in one tour of duty in accordance with the designated collective bargaining

agreement rules.

(c) Extra boards may handle this service in all directions out of a terminal.

NOTE 3: PORTLAND ZONE 2 & 3 – ART VI–B–1-1. Short Turnaround Service and Hours of Service

Relief. Short turnaround service and Hours of Service relief at both home and awayfrom-

home terminals;

(a) May be handled by extra boards at the away-from-home terminal, and,

(b) Shall be handled by extra boards at the home terminals, if extra crews are available,

prior to using pool crews. Engineers used for this service may be used for multiple

trips in one tour of duty in accordance with the designated collective bargaining

agreement rules.

(c) Extra boards may handle this service in all directions out of a terminal.

Should an engineer in pool freight service be used for turnaround service either under Rule 29 or

otherwise out of his or her away-from-home terminal and then stand for turnaround service again upon

becoming first-out, he or she will not be used for the second turnaround service if other engineers are

available, but will hold his or her first-out position for the first call to return to his or her home terminal.

Engineers used in accordance with this rule shall not be considered run around.

NOTE: Upon completion of such service, the engineer standing first-out on the pool

freight board will not be used for service until legal rest is obtained.

(* The switching allowances referred to in Article VIII, Section 1(d) of the May 19, 1986 Award of

Arbitration Board No. 458 shall continue with respect to employees whose seniority in engine or train

service precedes May 19, 1986 and such allowances are not subject to general or other wage increases.)

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(a) Initial terminal delay shall be paid on a minute basis to engineers in freight service after one hour

and fifteen (1'15") minutes unpaid terminal time has elapsed from the time of reporting for duty

up to the time the train leaves the terminal, at one-eighth (1/8) of the basic daily rate, according to

the class of engine used, in addition to the full mileage, with the understanding that the actual

time consumed in the performance of service in the initial terminal for which an arbitrary

allowance of any kind is paid shall be deducted from the initial terminal time under this rule.

NOTE 1: Initial terminal delay per Rule 31 will only be applicable to engineers hired prior

to October 31, 1985.

NOTE 2: Initial terminal delay for through freight service has been incorporated into the

prevailing trip rates per Article V - Pay System Simplification, Part B, Section 5,

(a)(1) of the 2003 National Agreement.

(b) BLE Schedule Agreement of January 1, 1977:

"Initial terminal delay shall be paid on a minute basis to engineers engaged in interdivisional

freight service for all time in excess of thirty (30) minutes computed from the time of reporting

for duty up to the time the train leaves the terminal at one-eighth (l/8th) of the basic daily rate,

according to the class of service performed, or the class of engine used, in addition to the actual

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

of service for which an arbitrary allowance of any kind is paid in the initial terminal shall

be deducted from the initial terminal delay time accruing under this rule.”

NOTE 1: For application of this rule to engineers in interdivisional service and

including engineers operating in pool freight service Salt Lake CityPocatello-

Salt Lake City, see Section 1 of Part III of Appendix No. 10

NOTE 2: For application of this rule to engineers in interdivisional service, including the

engineers operating in pool freight service Salt Lake – Pocatello – Salt Lake, and

turnaround pool freight service Salt Lake-Ogden-Salt Lake, as well as five

(5) day local assignments, See Section 1,(a),(i) of Part III of Appendix No. 10.

NOTE 3: The phrase "train leaves the terminal" means when the train actually starts on

its road trip from the yard track where the train is made up.

In the application of Rule 31 (a) and (b), where mileage is allowed between the point of

reporting for duty and the point of departure from the track on which the train is first made up,

each mile so allowed will extend by 4.8 minutes the period of one hour and fifteen minutes, or

the period of thirty minutes, after which initial terminal delay payment begins.

NOTE 1. The phrase "freight service" as used in this rule does not include pusher, helper,

mine run, shifter, roustabout, belt line, transfer, work, wreck, construction, circus

train (paid special rates or allowances), road switcher and district runs.

NOTE 2. The term "freight service" as used in this rule shall apply to engineers of light

locomotives when the engineer is paid the road through freight rate and where

the light locomotive does not become engaged during the trip or day's work in

any of the services to which initial terminal delay does not apply under Note 1.

(c) When road overtime accrues during any trip or tour of duty, in no case will payment for both

20

initial terminal delay and overtime be paid, but whichever is the greater will be paid.

(d) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on

only the first trip of the tour of duty.

(* The switching allowances referred to in Article VIII, Section 1(d) of the May 19, 1986 Award of

Arbitration Board No. 458 shall continue with respect to employees whose seniority in engine or train

service precedes May 19, 1986 and such allowances are not subject to general or other wage increases.)

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.

NOTE: Final terminal delay for through freight service has been incorporated into the

prevailing trip rates per Article V - Pay System Simplification, Part B, Section 5,

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.).

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.

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.

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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.

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.

(* The switching allowances referred to in Article VIII, Section 1(d) of the May 19, 1986 Award of

Arbitration Board No. 458 shall continue with respect to employees whose seniority in engine or train

service precedes May 19, 1986 and such allowances are not subject to general or other wage increases.)

In freight service time consumed in switching at the initial terminal and switching and delay time at the

final terminal shall be combined and computed at the pro rata rate. Such time shall then be paid for in

addition to full mileage of the trip, provided that if overtime accrues calculated from time of reporting for

duty, the combined switching and delay time as set forth herein or overtime, whichever is greater will be

paid, but not both. When no switching is performed at the initial terminal, the combined switching and

delay time at the final terminal will be paid for in accordance with Rule 32.

NOTE 1: In calculating the time engaged in switching at the initial terminal, the time will

be continuous from the time the switching work is begun until it is completed

and the train coupled together.

NOTE 2: Terminal switching in through freight service has been incorporated into the

prevailing trip rates per Article V - Pay System Simplification, Part B, Section 5,

This rule is retained in the April 1, 1956 Agreement but not carried forward herein.

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Engineers may be required to perform the following work in connection with their own train at points

where yard crews or hostlers are employed:

Set defective or bad order cars from their own train.

Exchange engine and caboose of their own train.

Handle engine and caboose in connection with their own train as follows:

(a) Initial Terminal. Take charge of engine to be used on their train at the enginehouse or

ready track and handle same (including all units connected to the operating unit or units) to

the departure track; handle caboose and connect it to their own train, except that engineers

will not be required to switch out their caboose from the caboose or lay-up track.

(b) Final Terminal. Handle the caboose of their own train to the caboose or lay-up track

and/or couple their own caboose to another outbound train; and deliver all units connected to

the operating unit or units to the enginehouse facility or lay-up track.

When work is performed by a road freight engineer, as herein provided, such work shall be considered as

part of the road trip and additional compensation for such work shall not be paid under either road, yard,

or hostling rules or regulations.

Above modified by Article VIII, Section 1, Award of Arbitration Board No. 458:

“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 (November 1, 1985)

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

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----------------------

(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 disturbed in making set-outs or pickups.”

Above modified by Article VIII, Section 1, PEB No. 219.

“(a) Pursuant to the new road/yard provisions contained in the recommendations of Presidential

Emergency Board No. 219, as clarified, a road crew may perform in connection with its own train without

additional compensation one move in addition to those permitted by previous agreements at each of the

(a) initial terminal, (b) intermediate points, and (c) final terminal. Each of the moves - those previously

allowed plus the new ones - may be any one of those prescribed by the Presidential Emergency Board:

pick-ups, set-outs, getting or leaving the train on multiple tracks, interchanging with foreign railroads,

transferring cars within a switching limit, and spotting and pulling cars at industries.

(b) The switching allowances referred to in Article VIII, Section 1(d) of the May 19, 1986 Award of

Arbitration Board No. 458 shall continue with respect to employees whose seniority in engine or train

service precedes May 19, 1986 and such allowances are not subject to general or other wage increases.

(c) The crew of an over-the-road solid run-through train may perform one move as prescribed, in

addition to delivering and/or receiving their train in interchange.”

Road engineers enroute required under instructions to do switching where yard crews are stationed, other

than setting out bad order cars from their train and/or making a straight set out of other cars from their

train and/or making a pick up of cars into the train which are first out from a single track, will be paid the

actual time consumed with a minimum of one hour in addition to all other time for the trip and without

deduction for the time so consumed.

NOTE: The payment provisions cited within Rule 38 shall only apply to ‘switching’ where yard

crews are stationed. This does not modify the provisions of the intermediate picking up

and/or setting out of cars as described in Article VIII, Section 1(c) as contained within

Arbitration Award No. 458 which states:

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

without additional compensation:

(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.”

the terminal shall govern in determining the order in which engineers shall be called for subsequent

service.

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(b) When two (2) engineers of the same pool are called for the same train, one to perform service, the

other to deadhead, the engineer standing first-out shall deadhead. If both engineers are not on full rest, the

fully rested engineer may be used for the service trip.

(c) Engineers assigned to the extra board shall run first-in first-out if rested and available. The tie-up time

at the terminal shall govern in determining the order in which extra engineers shall be called for

subsequent service.

(d) When two (2) extra engineers of the same extra board are called for the same train, one to perform

service, the other to deadhead, the engineer standing first-out shall make an election as to whether he/she

shall perform service or deadhead. If both are not on full rest, the fully rested engineer may be used for

the service trip.

(e) When two (2) engineers of the same pool or the same extra board arrive at the same terminal, one

deadheading, the other in service, the engineer deadheading shall be considered as having tied-up first.

(f) When an extra engineer performs a combination of both road and yard work train service, the time

released from duty shall govern in determining the order in which such engineer shall be called for

subsequent service in relationship to other engineers of the same extra board who have arrived at the

terminal in other classes of service. If no final terminal work train service is performed, the tie-up time

shall govern.

NOTE: The term “rested and available” under this rule shall be understood to mean that an

engineer shall be “rested and available” eight (8) hours from time tied up where his or

her tour of duty was less than twelve (12) continuous hours and ten (10) hours from

time tied up where his or her tour of duty was twelve (12) continuous hours.

(g) When two (2) extra road engineers from the same board are called to deadhead on the same train, the

engineer standing first-out shall make an election as to which service or run he/she shall be deadheaded

to.

board point, if other extra engineers are available at the expiration of six (6) days, or when working on an

assignment having a layover day or rest day, he or she shall be released upon completion of the work on

the date preceding such layover day or rest day. Where the services of an extra engineer are required at

such outlying point after the sixth (6) day or after the layover day or rest day, as the case may be, another

extra engineer will be sent to the outlying point for a like period.

Under this rule deadhead allowance shall be paid to the first extra engineer for deadheading to the

outlying point and to the last extra engineer returning to the extra board point after all the extra service

has been completed. Intermediate deadheading shall not be paid for except as provided in Section (b).

Where service at the outlying point is occasioned by application of the mileage regulations or as provided

in Rule 117(a), no deadhead allowance shall be paid.

(b) When it becomes necessary because of sickness or emergency to relieve one extra engineer by

another extra engineer at an outlying point prior to the time stated in Section (a), the extra engineer

relieved shall not be paid any deadhead allowance which might otherwise accrue under Section (a), but

the relieving engineer shall be paid deadhead allowance to the outside point.

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(c) Under this rule an extra engineer may be used to fill two (2) or more vacancies at the outlying point

provided he or she is released at the expiration of six (6) days or the day preceding the layover day of the

position he or she is filling as provided herein.

(d) Yard and road service engineers working at outside points where extra boards are not maintained,

shall be privileged to take their vacations in installments, subject to the applicable provisions of this

section, and further, where relief for vacations under this arrangement incurs deadheading, the following

regulations shall govern:

(1) Deadhead allowances shall be limited to one round trip and payments shall be divided as

follows:

(a) The first relief employe deadheading to the outside point to protect the first installment of a

vacation will be allowed deadhead pay to the relief point. Deadhead trips to an outside point to

protect either a second or third installment of a vacation shall not be paid for.

(b) The last relief employe returned from an outside point after all installments of a vacation

have been taken will be allowed deadhead pay for the return trip.

(c) Intervening deadhead trips from an outside point, after protecting either a first or second

installment of a vacation, shall not be paid for, and, where the vacancy continues to exist on the

same run or assignment in the application of the several rules of the effective Agreement,

intervening deadhead trips, incident to filling the continuing vacancy, shall not be paid for.

When a relief crew is dispatched from a point where an engineers’ extra board is maintained, extra

engineers’ shall, when available, be used for such relief service except that pool crews of the Salt Lake-

Pocatello District shall be used out of Pocatello for relief service south of McCammon.

The use of extra boards for Hours of Service relief will be governed by the territorial/zone boundaries or

the lines of demarcation (if any) as provided by existing agreements.

“Turnaround Service/Hours of Service Relief.

Except as provided in (1) above, turnaround service/ Hours of Service relief at both home and

away-from-home terminals shall be handled by extra boards, if available, prior to using pool crews.

Engineers used for this service may be used for multiple trips in one tour of duty in accordance with

the designated collective bargaining agreement rules. Extra boards may handle this service in all

directions out of a terminal.”

“1. Turnaround Service/Hours of Service Relief.

Turnaround service/ Hours of Service relief at both home and away-from-home terminals;

(a) May be handled by extra boards at the away-from-home terminal, and,

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(b) Shall be handled by extra boards at the home terminals, if extra crews are available, prior

to using pool crews. Engineers used for this service may be used for multiple trips in one tour

of duty in accordance with the designated collective bargaining agreement rules.

(c) Extra boards may handle this service in all directions out of a terminal.

2. Nothing in this Section B (1) prevents the use of other crews to perform work currently

permitted by prevailing agreements, including, but not limited to yard crews performing Hours of

Service relief within the road/yard zone, ID crews performing service and deadheads between

terminals, road switchers handling trains within their zones and using a engineer from a following

train to work a preceding train and payments required by the controlling CBA shall continue to be

paid when this work is performed.”

“1. Short Turnaround Service and Hours of Service Relief.

Short turnaround service and Hours of Service relief at both home and away-from-home

terminals;

(a) May be handled by extra boards at the away-from-home terminal, and,

(b) Shall be handled by extra boards at the home terminals, if extra crews are available, prior

to using pool crews. Engineers used for this service may be used for multiple trips in one tour

of duty in accordance with the designated collective bargaining agreement rules.

(c) Extra boards may handle this service in all directions out of a terminal.

2. Nothing in this Agreement prevents or precludes the use of other employees/crews to perform

work currently permitted by prevailing agreements; including, but not limited to yard crews

performing hours-of-service relief within the road/yard service zone, interdivisional service or pool

crews performing service and deadheads between terminals, road switchers handling trains within

their zones and/or using an engineer from a following train to work a preceding train. Payments

required by the controlling collective bargaining agreement shall continue to be paid when this

work is performed.”

At locations where separate road and yard engineer extra boards are maintained, extra road engineers used

on a yard service assignment shall be paid yard rates and will be governed by yard service rules but shall

stand first-out for road service as soon as he or she has obtained eight (8) hours rest after working one

shift in yard service.

exceeded with the intention of doubling, the double shall be considered a lap back trip not made in

emergency and engineers making the double will be paid in accordance with Rule 28.

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(b) No extra or arbitrary payment for doubling hills will be made to engineers in helper or work train

service, assigned or unassigned.

(c) Beet Train and Log Run Assignments. Where necessary to double a hill account handling tonnage

in excess of the rating of the engine on beet train or log train assignments, engineers will be paid actual

miles or hours consumed in making the double, with a minimum of one hour or 12 1/2 miles, in addition

to all other time allowances for that trip or day’s work and without any deductions therefrom, the mileage

of such double, not to be taken into account in computing trip mileage.

(d) Assigned Local Freight and Mixed Train Service. Where the published or established rating of the

locomotive is exceeded with the intention of doubling, an allowance of fifty (50) miles per trip to cover

all time consumed in doubling will be paid in addition to all other time for the trip, provided, however,

that no additional payment for doubling will be made on locals assigned by bulletin to make two (2) or

more trips out of initial terminal (one of which may be to a point enroute), unless it is necessary to double

because tonnage on a single trip is in excess of the rating of the locomotive on such trip.

NOTE: Where the bulletined assignment covers a roundtrip, such as a local assigned from “A” to

“B” and return and train is required to double in both directions, the allowance of fifty

(50) miles will apply in each direction.

allowed.

(b) For each double between Boise and Nampa, sixty (60) miles will be allowed.

or terminals of the assignment, days per week, territory to be served and time it is expected engineer will

be required to report for duty.

(b) Engineers of assigned locals or mixed train service runs may be called two (2) hours in advance or

two (2) hours later than starting time established by bulletin without penalty payment.

(c) If required to report for work more than two (2) hours in advance of bulletined starting time, a

minimum of one hundred (100) miles will be paid for service in advance of bulletined starting time in

addition to hours or miles (with minimum of one hundred (100) miles) for service on bulletined

assignments.

(d) If required to go on duty more than two (2) hours later than the bulletined starting time, pay will

commence two (2) hours later than the bulletined starting time, except, that where any member of the

train and engine crew requires rest under the Hours of Service Law, pay will not commence until the

expiration of the maximum legal rest period required by any member of the train and engine crew.

(e) When an engineer is not brought on duty until after midnight at the terminal from which his or her

assignment is scheduled to depart before midnight, and he or she has not made a trip on the assignment

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out of that terminal on the preceding calendar day, a guarantee day equivalent to the mileage of his or her

assignment with a minimum of one hundred (100) miles will be allowed for that calendar day.

(f) When an engineer is brought on duty before midnight, the service trip commencing as of the time

brought on duty will apply against the guarantee for that calendar day. When an engineer is brought on

duty after midnight and guarantee is paid in accordance with section (c), the assignment for the next

succeeding trip may be cancelled and an extra engineer used, in which event the regular engineer will be

paid the guarantee of his or her bulletined assignment with a minimum of one hundred (100) miles.

(g) The provisions of this rule are subject to the provisions of Rule 93.

Engineers of regular assignments who are required to perform extra service before beginning or after

completing their regular assignment will be paid a minimum of a basic day (at the applicable class of

service) for such extra service in addition to not less than the earning of their regular assignment. On

regular assignments having layover day or days at outlying points, engineers required to perform service

on layover day shall be paid therefore in accordance with Rule 107.

loading and/or unloading a total of 2500 pounds or more of merchandise, loading and/or unloading five

(5) or more cars of livestock, picking up and/or setting out at three (3) or more stations, (exclusive of

cases on a straightaway trip where the entire train is set out or picked up on or from a single track) or

where general switching (cars to be picked up and/or set out are in seven (7) or more places) is necessary

at any station in order to get pick ups or set outs, the placing to spot of car or cars that were not a part of

the train of the handling engineer nor incidental to the re-spotting of cars in making pick up or set outs,

from his or her train, or where required to load stock or switch out cars to be picked up by another train,

will be paid local rates for the trip.

(b) Not carried forward.

NOTE: Application of this Rule will not apply to through freight pools under trip rates.

may be tied up at any point where food and lodging can be procured, terminal rules shall not apply to

services herein listed but time on duty shall include time required to make inspection, complete all

necessary reports and/or register off duty, not exceeding fifteen (15) minutes from time locomotive is

placed on designated track.

(b) Engineers in services listed in Section (a) will not be paid for time tied up, and a separate trip will

commence as of time required to report for duty each day.

(c) Where it is necessary to tie up work trains at points where food and lodging cannot be procured, the

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engineer of such work train will be paid miles or hours whichever is the greater from time of release from

duty at such point to time of arrival at the nearest station where food and lodging can be procured; and

miles or hours, whichever is the greater, from time instructed to report at such station to time of arrival at

the point where work train is tied up and the engineer goes on duty. This payment will be made as an

arbitrary separate and apart from the service trip which shall be calculated from the time on duty to the

time off duty at the point where the work train is tied up.

NOTE: Under this section, mileage will be computed on basis of highway or rail mileage,

depending upon service used. Where highway is used, mileage will be computed on

basis of shortest available route.

Due to the conflict that prevails between Section l(a) of Part IV of the Interdivisional Service Agreement,

reproduced on Pages 155-156 of the January 1, 1977 Basic Work Rules Agreement, wherein reference is

made to “unassigned work train service” and Rule 48, "tie-ups" of the Basic Agreement, IT IS AGREED:

Section 1. The term "unassigned work train service" contained in Section l(a) of Part IV of the

Interdivisional Service Agreement, reproduced on Pages 155-156 of the January 10, 1977 Basic Work

Rules Agreement is hereby deleted therefrom.

Section 2. This Agreement shall be effective February 1, 1978.

Dated at Salt Lake City, Utah, this 27th day of January, 1978.

excess of three (3) days shall be considered regular work train service.

(b) All newly established work train assignments shall be manned by available engineers from the

Engineers’ Extra Board pending issuance of seniority and assignment bulletins, except that an engineer

who is eligible to exercise seniority under applicable rules may exercise seniority on the work train during

the life of the seniority bulletin. This rule shall not be construed as a prohibition against the use of

engineers other than extra engineers for wrecking train or other trains (sometimes referred to as work

trains) when such train operations are occasioned by washouts, snow blockages and similar occurrences.

IT IS AGREED:

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Section 1. Unassigned work train service between Pocatello and Nampa where such operation extends

into the opposite protecting extra board radius, such service shall be manned as follows:

1. Unassigned work train service shall be manned from the protecting extra board point where the

service originates and during the time the service is confined exclusively to the territory of the protecting

extra board.

2. When the work train service overlaps into the opposing protecting extra board radius between

Pocatello and Nampa, such service shall continue to be manned by the crew from the extra board point

where the service originated until and unless the work train service continues in the overlapping territory

for more than one tie-up.

EXAMPLE 1: Unassigned work train service originating at Pocatello operates Pocatello, to Shoshone

and ties up. Operates Shoshone to Glenna Ferry and ties up, operates Glenna Ferry to Mountain Home

and ties up, operates Mountain Home to Nampa and ties up. The Pocatello extra board engineer would

remain on the work train through to Nampa.

EXAMPLE 2: If the unassigned work train service under Example 1 ties up at Mountain Home more

than one tie-up, the Pocatello engineer would be released following the day's work after the first tie-up

and a Nampa engineer would man the work train working out of Mountain Home on the second day.

EXAMPLE 3: If the same work train in Example 1 continues eastbound out of Nampa following the

first tie-up, the Pocatello engineer may be used return - to Pocatello.

NOTE: Examples 1, 2 and 3 would apply in the same manner for a work train originating

at Nampa working through to Pocatello.

Section 2. This Agreement shall be effective January 1, 1979, and thereafter, subject to the condition that

it shall automatically terminate and be of no further force nor effect twenty (20) days after written notice

is served by either party upon the other of their desire to so terminate.

Dated at Salt Lake City, Utah, this 4th day of January, 1979.

engaged in rotary snow plow service, time in excess of eight (8) hours to be paid for at the hourly rate

of three-sixteenths (3/16) of the daily rate on the minute basis. Rule 96 shall apply to engineers held at

any point for rotary snow plow service.

(b) The senior available qualified engineer at the terminal or on the district from which the service is

protected who makes written application to the Chief Crew Dispatcher will be used for rotary snow

plow service. If no written applications are on file with the Chief Crew Dispatcher, available qualified

engineers on the extra board shall be used. If there are no written applications and no qualified

31

engineers available on the extra board, the company may use any engineer who is qualified and, if taken

from a regular assignment in other service he or she shall be paid the earnings in rotary snow plow

service or the earnings of his or her regular assignment, whichever is greater, as provided in Rule 118.

(c) Rule 48 shall apply to engineers tied up in single crew rotary snow plow service. In double crew

rotary snow plow service, Rule 51 shall apply.

operation, the engineer working shall be paid under Rule 24 for each working period at the work train

rate. The engineer deadheading shall not be paid overtime but shall be paid miles or time, whichever is

the greater, at the prevailing rate for eight (8) hours or one hundred (100) miles with a minimum of one

hundred (100) miles.

(b) Section (a) shall also apply when two (2) engineers are used alternately to operate the rotary snow

plow, except that for the working period engineers operating the rotary snow plow shall be paid at the

basic daily rate.

(c) Where two (2) engineers are used with the locomotive handling the rotary snow plow, two (2)

engineers shall be used with the rotary snow plow.

(d) Under this rule, where two (2) engineers are used for continuous operations, engineers will, as near

as practicable, work twelve (12) hour periods alternately.

(e) Should the continuous operations contemplated by this rule be interrupted for any reason, engineers

may be tied up at any time as provided in Rule 48, except that a period of release less than eight (8) hours

shall not be considered as a tie-up under this rule.

1. Operation of light engines equipped with flangers, pilot plows or other apparatus for

removing snow or ice from tracks.

2. Operation of locomotives handling train of snow removal equipment, such as Jordan

Spreaders; rotary snow plows, wedge plows, etc.

(b) Except as provided in Section (c), engineers in snow plow service shall be paid the work train rate

and when tied up Rule 48 shall govern.

(c) When engineers in snow service are tied up at outlying points, their time shall begin eight (8) hours

(or when rested) from time tied up under the following conditions:

1. When, during their tour of duty, they were unaccompanied by a conductor or trainman.

2. When, during their tour of duty, they perform station switching, helped or doubleheaded

a train of revenue traffic or handled cars of revenue traffic from one station to another.

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NOTE 1. Switching, handling and/or replacement of cars at a station to permit the

tracks being cleared of snow shall not be construed as station switching

under this rule.

NOTE 2. Engineers in unassigned snow service shall not be considered as tied up

where period of release from duty is less than 8 hours.

One hundred miles will be allowed for the first eight consecutive hours or less, miles over 100 to be paid

for pro rata. If used on trip which departs from home terminal after the expiration of eight hours from the

time required to report for duty on initial call for service, or after having run 100 miles or more, engineers

will begin a new helper day of eight consecutive hours or less.

On runs of 100 miles or less, overtime will begin at the expiration of eight hours; on runs of over 100

miles, overtime will begin when the time on duty exceeds the miles run divided by 12.5. Overtime shall

be paid for on the minute basis at an hourly rate of 3/16ths of the daily rate. When miles exceed hours,

miles will be allowed.

In helper service time on duty includes time required to make inspection, complete all necessary reports

and/or register off duty, not exceeding 15 minutes from time locomotive is placed on designated track.

RULE 56. BULLETINS--ASSIGNMENTS.

Bulletins advertising vacancies in helper service, or the establishment of new stations at which engineers

are to be assigned to helper service exclusively, shall designate the station at which they are to be

assigned for service and said station shall be known as their home station. Engineers assigned thereunder

shall be paid continuous time from the time they are required to report for duty at their home station until

returned thereto, subject to Federal Tie-up rules.

Assigned helper engineers shall be allowed a minimum of 100 miles for each calendar day.

assigned helper engineer may be called on duty at any time, payment for the trip to begin at time required

to report for duty.

(b) When regularly assigned helper engineers are called to report for duty after the designated three-hour

period, payment for the trip shall be computed from the expiration of the three-hour period.

(c) When regularly assigned helper engineers are called on duty in advance of the designated three-hour

period, the service shall be considered as an extra service trip for which a minimum day will be paid.

33

When called on duty in advance of the designated three-hour period and the time on duty extends through

and beyond the three-hour period, the extra service trip will be considered as ending and the regular trip

as beginning at the expiration of the designated three-hour period. When the extra service trip in advance

of the three-hour period is completed prior to the beginning of the three-hour period and no other service

is performed on that date Rule 57 shall apply.

(d) The designated three-hour period may be changed at any time upon 48 hours advance notice.

(e) This rule shall apply only to regular helper service assignments.

Extra engineers will be used for unassigned helper service operated out of a point where an extra board is

maintained except that on the Dillon-Butte District pool freight engineers shall be used for unassigned

helper service on that district.

IT IS AGREED:

The following is adopted as a special provision of Agreement covering the performance of

territory under the provisions of Rule 59 of the Basic January 1, 1977 Work Rules Agreement:

l. Payment of actual miles operated incident to helper service in the Dubois- Monida territory

with a basic day minimum.

2. Payment of actual miles operated outside the Dubois-Monida territory.

All pending claims shall be resolved on the basis of this Understanding.

General Chairman

Director Labor Relations

Engineers in helper service required at their home station to perform switching shall be paid actual time

consumed as an arbitrary allowance. For purposes of this rule, handling cars (other than caboose) incident

to cutting helper engine into or out of the train, will be considered switching.

Engineers in helper service required at other than home station to pick up cars, set out cars or perform

station switching will be paid the local rate for their entire tour of duty. Handling caboose or other cars in

cutting helper engine into or out of train shall not be considered as setting out cars, picking up cars or

station switching.

34

RULE 62. HELPER SERVICE--EXTRA ALLOWANCES.

Engineers in helper service out of Glenns Ferry required to go beyond Bliss or beyond Mountain Home

shall be paid time consumed or miles run beyond such points in addition to a basic day in helper service.

Time consumed beyond such points shall be deducted in computing payment for the total tour of duty,

provided that where payment on a continuous time basis from time of reporting for duty until finally

released produces greater compensation the latter basis of payment shall apply. This basis of computation

shall also apply to:

(1) Engineers performing helper service out of Kemmerer required to go beyond Nugget

westward; beyond East Kemmerer eastward or beyond Moyer Junction onto the

Cumberland Branch.

Rates of pay for yard service shall be as follows:

See current prevailing rate tables.

NOTE 1. The rates of pay in the diesel weight bracket 450,000 - 500,000 pounds will be the

minimum standard rates of pay in yard service.

NOTE 2. Differential for Engineers working without Firemen: Refer to Attachment (g) of the

1996 System Agreement reproduced in Rule 1,(b).

Eight hours or less shall constitute a day's work.

Except as indicated below or when changing off where it is the practice to work alternately days and

nights for certain periods, working through two shifts to change off, or where exercising seniority rights,

all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for

as overtime on a minute basis at one and one-half times the hourly rate.

In the application of this rule, the following shall govern:

1. This rule applies only to service paid on an hourly or daily basis and not to service paid

on mileage or road basis.

2. A tour of duty in road service shall not be used to require payment of such overtime rate

in yard service. (The term "road service" shall not apply to employees paid road rates,

but governed by yard rules).

35

3. Where an extra engineer commences work on a second shift in a twenty-four hour

period, he or she shall be paid at time and one-half for such second shift except when it is

started twenty-two and one-half to twenty-four hours from the starting time of the first

shift. A twenty-four hour period, as referred to in this rule, shall be considered as

commencing for the engineer at the time he or she started to work on the last shift on

which his or her basic day was paid for at the pro rata rate.

4. An extra engineer changing to a regular assignment or a regularly assigned engineer

reverting to the extra list shall be paid at the pro rata rate for the first eight hours of work

following such change.

5. Except as modified by other provisions of this rule, an extra employee working one shift

in one grade of service and a second shift in another grade of service shall be paid time

and one-half for the second shift, the same as though both shifts were in the same grade

of service, except where there is another engineer available to perform the work at pro

rata rate. (When an engineer is required to fill a hostler position, he or she will be

considered in the same grade of service under this rule, and Section 3 shall apply).

Extra Board Engineers utilized to protect hostler vacancies will not have the compensation received from

this service utilized to off-set any guarantee from the extra board. When such extra engineers are utilized,

his or her earnings for this service will be above and beyond any guarantee that may be due that employe

for the particular month in question.

NOTE 1. Where a seniority board is in effect, in cases where there is an engineer(s) on the

board available for work at the pro rata rate, the senior engineer who exercises his or

her seniority to work two shifts, the second of which would otherwise, under the

provisions of this rule be paid at the over-time rate, shall be paid at the pro rata rate.

NOTE 2. The adoption of this rule shall not affect any rule relating to service performed on a

succeeding trick when an employees’ relief fails to report at the fixed starting time.

Time begins when required to report for duty at the designated on-duty point, and ends when the engineer

reaches the off-duty point and is released from duty.

(b) The point for going on and off duty will be governed by local conditions. In certain localities

instructions will provide that engineers will report at the hump, others report at yard office, others at

enginehouses or ready tracks. It is not considered that the place to report will be confined to any definite

number of feet, but the designation will indicate a definite and recognized location.

The time for fixing the beginning of assignments is to be calculated from the time fixed for the engineer

to begin work without regard to preparatory or individual duties.

36

Engineers shall be assigned for a fixed period of time which shall be for the same hours daily. So far as is

practicable, assignments shall be restricted to 8 hours work. Assignments may be discontinued at any

time, engineer to be notified, where possible, prior to the end of the last shift thereof.

changed without at least 48 hours advance notice.

(b) Where three 8-hour shifts are worked in continuous service, the time for the first shift to begin work

will be between 6:30 AM and 8:00 AM; the second 2:30 PM and 4:00 PM; and the third 10:30 PM and

12 midnight.

NOTE: For application on Salt Lake City yard assignment YSC51, see Appendix 64.

(c) Except in case of emergency, in calling extra shifts in yards where continuous yard service is

maintained by regular yard crew assignments, the extra shifts shall be started within one of the three

periods named in Section (b).

(d) Where two shifts are worked in continuous service, the first shift may be started during any one of

the periods named in Section (b).

(e) Where two shifts are worked not in continuous service, the time for the first shift to begin work will

be between the hours of 6:30 AM and 10:00 AM and the second not later than 10:30 PM.

(f) Where an independent assignment is worked regularly, the starting time will be during one of the

periods provided in Sections (b) or (e).

(g) At points where only one yard crew is regularly employed, they can be started at any time, subject to

Section (a).

(h) Where mutually agreeable, on account of conditions produced by having two standards of time,

starting time may be changed one hour from periods above provided.

crew unit, without deduction in pay, the lunch period to be completed by the end of the sixth hour.

(b) Engineers will not be required to work longer than 6 hours after first meal period without being

allowed an additional 20 minutes for lunch, with no deduction in pay or time therefore.

Where it has been the practice or rule to pay a yard engine crew or either member thereof arbitraries or

special allowances, or to allow another minimum day for extra or additional service, performed during the

course of or continuous after the end of the regularly assigned hours, such practice or rule is hereby

eliminated, except where such allowances are for individual service not properly within the scope of yard

37

service, or as provided in yard-road service rule.

(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.

RULE 74. CALLING--YARD SERVICE.

(a) Regularly assigned yard service engineers and extra yard service engineers protecting vacancies of

regularly assigned yard service engineers in outside yards will report for duty at their assigned starting

time and starting point without being called.

(b) At terminals where yard engineers' extra boards are maintained engineers required for irregular

assignments in yard service and who reside within one and one-half miles from crew dispatcher's office

will be called, as near as practicable, one hour before time required to report for duty. Where yard service

engineers provide themselves with telephone service at their own expense they shall be called by

telephone and the distance within which they shall be called shall not be limited.

Extra engineers called for service and who report to work on the assignment but are not used, will be

38

allowed a day's pay at rate of locomotive to be used and return to the extra board last out. If called while

working to double on a succeeding shift, will not be considered as being called if the call is cancelled

prior to completion of shift on which he/she is then working.

Yard engineers will hold district rights. They can exercise their seniority as to shifts and runs in their

respective yards.

When an assigned yard engineer is displaced or the position discontinued, he or she may exercise their

seniority or work on the extra board, or they may place on a permanent vacancy, this with the

understanding that he or she must make application for the job when bulletined. Failure to make

application will deprive him or her from displacing an assigned engineer or taking another permanent

vacancy. If he or she places on an extra board and is later displaced or cut off such extra board through no

fault of his or her own, he or she may displace a junior engineer on a regular assignment if there are any

on the seniority district. A yard engineer may make application for and be placed on any extra board on

the seniority district before junior engineers are added to said board.

For application at Salt Lake City, a yard engineer moving from one assignment to another in the exercise

of seniority, as herein provided and who has sufficient seniority to hold a regular position, may, at the

time of notification, elect to be used on any vacant position during the first twenty-four (24) hours if

he/she would otherwise lose a days work. No penalty shall accrue to extra engineers as a result of the

application of this rule.

NOTE: For locations other than Salt Lake City reference Appendix 2, Section 7

– (Float Rule.)

Section 7. Notwithstanding the provisions of Section 6, any regularly assigned yard engineer who,

from any cause, has not worked five (5) straight time eight (8) hour shifts in their established work week

shall be permitted, upon proper application, to work at the straight time rate on one or both of their

assigned "days off" in preference to extra board engineers, provided a vacancy exists within fifteen (15)

days after loss of days in their established work week on which they can be used without interfering with

working of their regular assignment. Written application must be filed with crew management on the

work day immediately preceding their "days off" and such application must show the number of shifts

worked in their work week. This floating arrangement shall not be used by a regularly assigned yard

engineer to gain in excess of an average of five (5) straight time eight (8)-hour shifts in a work week

within the fifteen (15) day period, herein specified, nor will such engineer be permitted to work more than

one shift on any designated rest day, if other engineers are available.

NOTE: An engineer filing request to be used on a rest day for makeup of time lost from

previous work week, shall be placed on a separate 'makeup time' board in

seniority order on date application is filed and such engineer must be available

for call to service on each of such days off and shall be called in the order of their

standing on the 'makeup time' board. Missing a call to float on either of such days

off shall disqualify the applicant of the floating privilege on either of such days

off during the 'makeup time' for which unavailable.

39

days per week.

(b) When an extra yard engine shift has been worked on the same shift period for four (4)

consecutive days, a bulletin will be posted following the beginning of such shift of the fourth day

establishing a regular yard engine shift on the fifth (5) day. If the extra shift is not worked on the fifth (5)

day, the seniority bulletin will be cancelled.

(c) Any change in the starting time, the on and off duty point, or the number of days per week of an

assignment shall constitute a new assignment which shall be bulletined as provided in Section (d).

(d) Except as provided in Rule 77, when a permanent vacancy occurs or a new position is

established, the senior assigned engineer in that yard making application will be placed on the position at

the expiration of three (3) days; other engineers in that yard shall be permitted to fill resulting vacancies

according to their seniority, except that the last remaining vacancy shall be bulletined. Pending the time

the position is bulletined and assigned, it shall be filled by available extra engineers from the extra board.

(e) Positions temporarily vacant may, after having been vacant three (3) days, be taken by the senior

assigned engineer in that yard having a written application on file at the expiration of the three (3) days.

Other engineers in that yard will be permitted to fill resulting vacancies according to their seniority,

except that the last remaining vacancy, after being open for a period of five (5) days, may be taken by the

senior engineer on the extra board, protecting that yard who has made application for same before the

expiration of the fifth (5) day.

NOTE: For application of this provision, applicable to the Salt Lake Hub, see temporary

modification set forth in Agreement EO-1905 effective April 1, 1960, included in

Appendix No. 25.

Referring to the Guarantee Extra Board Agreement #1403159630, (Side Letter #2.) entered into by the

parties concerning Portland Hub Zone 1, 2 and 3 the following shall apply:

another yard engineer and the resulting vacancy shall be considered as temporary and

filled by the guarantee board.

and stands to lose a day's work.

(f) Engineers holding temporary vacancy under the five (5) day provision of Section (e), when

displaced, will not be permitted to exercise seniority to permanent vacancies or new positions assigned to

junior engineers while the engineer was holding the temporary vacancy. Engineers holding temporary

vacancy must apply for permanent vacancies or new positions or forfeit rights to same.

NOTE: See temporary modification referred to in the Note in Section (e) hereof

applicable only in the Salt Lake Hub.

(g) For a temporary vacancy of five (5) days or less in yard service at Montpelier and there is an

available yard engineer working as yard fireman at that point, the senior available engineer-fireman shall

40

be used.

(h) A temporary vacancy in the Montpelier Yard, known to be of six (6) days or over, or on the sixth

(6) day when the duration of the vacancy is indefinite, shall be filled by sending an engineer from the

Yard Engineers’ Extra Board at Pocatello.

(i) A temporary vacancy not filled under other sections of this rule shall, upon request of the Local

Chairman, be bulletined after having been vacant for sixteen (16) days, except vacation vacancies.

NOTE: See temporary modification referred to in the Note in Section (e) hereof

applicable only in the Salt Lake Hub.

Work train service exclusively within the switching limits of terminals or yards where yard locomotives

are assigned shall be performed by yard engineers or engineers from the extra board. Regular yard

engineers, or engineers from the extra board, who perform work train service in yards or terminals and

yard switching during their shift shall be paid for the actual time consumed in work train service at work

train rates with a minimum of one hour in addition to the regular yard pay and without any deduction

therefrom for the time consumed in said service. Yard engineers or engineers from the extra board

performing work train service exclusively will be paid work train rates for the day or tour of duty. No

payment will accrue to road engineers in connection with performance of work train service by yard

engineers that is exclusively within switching limits, but road engineers will be used for work train

service not exclusively within switching limits.

When an extra yard engineer is deadheaded to an outlying yard for extra service and has worked one shift

and then deadheaded to his or her home board, he/she will be paid continually from time of arrival at

point where extra shift is to be worked until the deadhead movement starts on his or her return trip.

Where the extra engineer is deadheaded to an outlying yard to man an extra or unassigned yard shift and

is held for two (2) or more shifts which are not cases of filling vacancies on regular shifts, the initial

service time will be computed from time of arrival on the deadhead trip and will end as of the time of the

close of the first shift.

The held away-from-home terminal rule will apply between the first and second shifts and subsequent

shifts until the last extra shift when the engineer is relieved and deadheaded to his or her extra board, in

which event the service time pay of the extra yard shift will continue to the time the return deadhead trip

is begun.

In accordance with 1986 Arbitration Board No. 458, rules covering deadheads for engineers protecting

yard service at outlying points are as follows:

(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

41

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.

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.

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 so notify the authorized employee representatives on or before such

date.

(b) When two (2) extra yard engineers from the same extra board are called to deadhead from their

home terminal on the same train, the yard engineer standing first-out shall make an election as to which

service, outside yard or assignment he/she shall be deadheaded for.

(c) For the territory of the Portland Hub Zone 1, 2 and 3, should a yard vacancy go no bid, then the

senior demoted engineer shall be forced assigned to the position and if there are none, then the junior

employee on the guaranteed extra board at the protecting location shall be force assigned to the vacancy.

42

At points where service assignments are established, the helping or assisting trains entirely within the

established switching limits is work which may properly be required of yard crews without the payment

of any arbitrary or penalty pay allowance.

in the rules of this Agreement.

(b) Engineers found employed on roads acquired or leased and operated by this Company as a

separate district shall retain their rights and seniority as heretofore on the road absorbed.

(c) Engineers employed on roads acquired or leased by this Company and operated as a part of any

district shall take seniority rights on the entire district to which added, in accordance with seniority date in

service as an engineer on the absorbed road.

(d) An engineer desiring to transfer from one location to another within his or her territory of rights

may do so by seniority bulletin, or the exercise of seniority.

Salt Lake Hub (SL Merger Implementing Agreement)

Portland Hub Zone 1 (Portland Zone 1 Merger Implementing Agreement)

Portland Hub Zone 2 & 3 (Portland Zone 2 & 3 Merger Implementing agreement)

When an assigned road engineer is displaced he/she may exercise his or her seniority, or work on the

extra board. He or she may place on a permanent vacancy, this with the understanding that he or she must

make application for the vacancy when bulletined. His or her failure to make application will deprive him

or her from displacing an assigned engineer or from taking another permanent vacancy. If he or she places

on an extra board and is later displaced from such extra board through no fault of his or her own, he or

she may displace any junior engineer on a regular assignment.

An engineer having the right to and who does exercise seniority to a position held by a junior engineer

shall have the right to be used on that position when it is next scheduled to work, provided seniority is

exercised not less than one hour in advance of the starting time of the position and provided further that at

the time seniority is exercised another engineer has not already been called for the position.

NOTE: Under this rule an engineer exercising his/her seniority beyond thirty (30) miles

from the reporting point must do so within five (5) days after being displaced

subject to the Questions and Answers set forth below.

43

When seniority is exercised to a position held by a junior engineer, or when marking up from vacation or

layoff when an extra engineer is filling the regular assignment, at a point where no extra board is

maintained, such seniority must be exercised not less than twelve (12) hours in advance of the starting

time of the position. The junior or extra engineer working the vacancy will be notified of displacement

and release prior to his or her tie-up on that working day.

(a) Where agreements that provide for the exercise of displacement rights within a shorter time

period are not in effect, existing rules are amended to provide that, an employee who has a displacement

right on any position (including extra boards) within a terminal or within 30 miles of such employee's

current reporting point, whichever is greater, must, from the time of proper notification under the

applicable agreement or practice, exercise that displacement right within forty-eight (48) hours.

(b) Failure of an employee to exercise displacement rights, as provided in (a) above, will result in

said employee being assigned to the applicable extra board, seniority permitting. (The applicable extra

board is the extra board protecting the assignment from which displaced.)

(c) In the event force assignment is not compatible with local agreements, prior to implementation,

the parties will meet on property to determine an avenue of assignment.

This Article shall become effective ten (10) days after the date of this Agreement and is not intended to

restrict any of the existing rights of a carrier.

(Reference: Questions and Answers 1 thru 11 contained in Article X of the 1996 National Agreement):

“Q-1: On those properties where employees have less than 48 hours to exercise displacement rights, are

such rules amended so as to now apply a uniform rule?

A-1: No, existing rules providing for less than 48 hours continue, unless the parties specifically agree

otherwise.

Q-2: Is an employee displaced under Section 1, electing to exercise seniority placement beyond thirty

(30) miles of the current reporting point, required to notify the appropriate crew office of that

decision within 48 hours?

A-2: Yes.

Q-3: How is an employee covered by this Article handled who fails to exercise seniority placement

within 48 hours?

A-3: Such employee is assigned to the applicable extra board, seniority permitting, pursuant to Section

1(b) and subsequently governed by existing rules and/or practices.

Q-4: How long a period of time does an employee have to exercise displacement rights outside the

boundaries specified in Section 1(a)?

A-4: The rules governing exercise of displacement rights as currently contained in existing agreements

continue to apply in this situation.

44

Q-5: What happens if the employee notifies the Carrier that it is the employee’s intent to displace

outside of the 30 mile limit, then, after 72 hours, the employee is no longer able to hold that

assignment?

A-5: A new 48-hour period begins.

Q-6: Is it intended that employees who fail to displace within 48 hours be assigned to an extra list

where local or system agreements prohibit such assignment due to extra board restrictions and or

seniority consideration?

A-6: See Section 1(c) of Article X.

Q-7: Is it the intent of Article X to impose discipline on employees who fail to exercise seniority

within 48 hours?

A-7: No, Section 1(b) provides that in these circumstances the employee will be assigned to the

applicable extra board, seniority permitting. The employee will then be subject to existing rules

and practices governing service on such extra board.

Q-8: Is this rule intended to expand upon the displacement rights of an individual so as to create

situations not currently provided for in existing agreements and practices?

A-8: No.

Q-9: If an employee notifies the Carrier of their intent to displace beyond the 30 mile limit, can such

employee notify the Carrier subsequent to the expiration of the 48 hour period of their desire to

displace within the 30 miles?

A-9: No.

Q-10: How is the 30 miles limit to be measured rail or highway?

A-10: Highway.

Q-11: When does the 48 hour time period within which the employee must exercise displacement rights

begin?

A-11: When properly notified under existing rules governing this situation.”

in established positions in all classes of service, subject to the following:

1. New positions, or vacancies in established positions on any extra board shall not be

bulletined but, instead, shall be filled by application and in the event there are no

engineer applicants, the position or positions shall be filled by returning demoted

engineers to the engineers' working list.

2. Vacancies in pool freight assignments shall be governed by Rule 87.

3. Vacancies in yard service assignments shall be governed by Rule 78.

4. Vacancies in passenger service shall be governed by Rule 20.

5. Vacancies of less than sixteen (16) days shall not be bulletined but shall, except as

otherwise provided, be filled by extra engineers.

45

6. Vacation vacancies shall not be bulletined but shall, except as otherwise provided, be

filled by extra engineers.

(b) Seniority bulletins issued at l:00 PM on any given day shall be promptly posted electronically at

the location and in the territory of rights in which the new position or vacancy is established.

Salt Lake Hub (SL Merger Implementing Agreement)

Portland Hub Zone 1 (Portland Zone 1 Merger Implementing Agreement)

Portland Hub Zone 2 & 3 (Portland Zone 2 & 3 Merger Implementing agreement)

(c) Seniority bulletins issued at l:00 PM on a given day shall close three (3) days (72 hours) later.

The senior qualified employee having an application on file with the Company's designated representative

at l:00 PM on the third day shall be assigned. An assignment bulletin shall be promptly posted

electronically at the location and in the territory of rights in which the new position or vacancy is

established as contained in (b) above.

NOTE 1: As an exception to the forgoing at Nampa only (See Appendix 25 herein):

(a) Permanent vacancies originating on yard jobs prior to 10 AM on

a given day will be bulletined on that same calendar day and assignment

made the following day at 10 AM.

(b) Permanent vacancies originating after 10 AM on any given

calendar day will be bulletined the following calendar day with

assignment made the next following day at 10 AM.

(c) This agreement will in no way change or modify existing rules

and agreements concerning temporary vacancies in yard service.

NOTE 2: Engineers will retain receipt for application made for bulletined positions and any

claim for the assignment shall not be considered unless such receipt is produced.

(d) The successful applicant for a bulletined position shall be released from his or her former

assignment to take his or her new assignment as soon as practicable after the new assignment is in

operation. When such engineer is not released from his or her former assignment within seventy-two (72)

hours from the time the assignment bulletin is issued, but who is held on the former assignment by the

Company for a period exceeding seventy-two (72) hours, he or she shall be paid during such excess

period the earnings received on the former assignment or the earnings of the new assignment, whichever

is the greater.

(e) An engineer who is absent from the service during the time a position is bulletined and assigned

to a junior engineer, or an engineer who is absent from the service at the time a non-bulletined position is

filled by application by a junior engineer shall, in either event, have the right to exercise seniority to the

position assigned to the junior engineer provided this is done at the time he/she returns from such absence

and before he/she performs service on some other assignment.

(f) An engineer who vacates a position temporarily or otherwise shall not be eligible to apply for and

take the position he/she vacated unless, (1) he/she is displaced in the exercise of seniority, (2) the position

46

he/she is holding is discontinued, or (3) as provided in Section (e).

(g) Seniority bulletins will contain the following information:

(a) Starting time.

(b) On-duty and off-duty point.

(c) Rest days.

(d) Days per week.

Assignments.

(a) Territory of the assignment.

(b) Days per week.

(c) The terminal or terminals of the assignment.

(d) The time required to report for duty.

(a) Territory of assignment.

(b) Train numbers under which the trains of the assignment are normally

operated.

(a) District on which the assignment will work.

(b) Days per week.

(c) If tie-up point is expected to be reasonably constant, the bulletin will show the

ordinary tie-up point and, when practicable, the character of the work such as

"Rail Renewal", "Ballasting", "Beet Run", etc.

(h) Vacant assignments not otherwise filled by application or forced assigned may be rebulletined at

the option of the company. If not rebulletined at the instance of the company it will be rebulletined upon

request of the General Chairman or Local Chairman.

Whenever any of the following changes are made in a road assignment it shall be rebulletined as provided

in Section (a) of Rule 85, but the engineer holding the assignment at the time the change is made shall

have the option of taking the changed assignment or exercising his or her seniority, notification to be

given crew management promptly:

(a) Any change in the mileage of the assignment.

(b) Any change in the number of days per week the assignment is scheduled to work.

(c) Any change in the terminal point or points.

(d) Any change in the established starting time of helper, local or road switcher (TSE)

assignments.

47

assigning the senior engineer having a written application on file with crew management at the time the

vacancies occur.

(b) When a pool freight engineer is absent from his or her assignment for more than 15 days for

reasons other than taking his/her vacation, his or her vacancy will be promptly filled from applications as

provided in Section (a).

(c) Should a regular turn in pool freight service be vacated under provisions of Rule 85, it will be

promptly filled from applications as per Section (a).

(d) Engineers assigned in pool freight service will not be permitted to vacate their turn and take

another in the same pool.

(e) Pool freight engineers will be allowed to trade turns at their home terminal subject to the

following conditions:

1. Both engineers are assigned to the same pool board.

2. Both engineers are rested.

3. Neither engineer has accumulated 3800 miles.

4. A trade and a trade back will be considered as one trade. Trade shall be limited to one trade

per half.

5. Both engineers involved must agree to the trade before the crew dispatcher is contacted.

6. The crew dispatcher shall be advised of the trade prior to call time. Engineers will not be

allowed to trade turns at call time.

7. No runarounds or other penalty claims shall occur as a result of engineers trading turns.

EXAMPLE:

At Salt Lake City Engineer A has a family member who is sick and it is important

that the Engineer be home for a particular time period. Engineer A asks Engineer B

to trade turns and Engineer B agrees so they notify the Crew dispatcher to exchange

Engineer A with Engineer B on the board for one (1) trip. After Engineer A and B

both complete their round trip, they are placed back to their original place on the

board.

8. It is intended engineers will limit the use of this agreement to those situations in which they

would otherwise have no choice.

days for reasons other than taking vacation, his or her vacancy will be advertised on the next bulletin

posted and assigned under Rule 85. Should the successful applicant likewise vacate a run subject to

bulletin, his or her vacancy will be advertised on the next bulletin posted and this procedure to continue

until all vacancies, similarly created, are filled.

48

(b) Permanent vacancies in local, road switcher (TSE), helper, mixed, beet and work train service

may be taken immediately by the senior assigned engineer at the terminal and on the district from which

service is usually protected making proper application to crew management.

Temporary vacancies in the services named above in excess of five days, may be taken by the

senior assigned engineer on his or her territory of rights making proper application to crew management

before expiration of three days. The engineer so assigned may hold such vacancy unless displaced by a

senior engineer who did not have opportunity to make application before the three-day period expired.

(c) Vacancies in local, road switcher (TSE), helper, mixed, beet and work train service with a

terminal at an outlying point, where other engineers are assigned, will be filled from applications of

assigned engineers whose terminal is the same point where the vacancy exists. If no applications are on

file with Crew Management from such engineers, the vacancy will be filled by an engineer from the

protecting extra board, who will remain on the vacancy until the assigned engineer returns, or the vacancy

is filled after three days under Section (b), or relieved under provisions of Rule 40.

NOTE 1: Vacancies within the scope of this rule will not include vacancies of engineers

relieved under mileage regulations.

NOTE 2: For application at Pocatello, see temporary Agreement IDF-5024, effective April 1,

1964, reproduced in Appendix 25.

(d) No engineer will be assigned to a run vacated by himself temporary or otherwise unless displaced

through no fault of his or her own.

RULE 89. EXTRA BOARDS--APPLICATION FOR AND MOVEMENTS TO.

An engineer may make application for and be placed on any extra board before junior engineers are added

to such board.

NOTE 1: For application in Portland Zone 1, 2 and 3 governed by Side Letter #4 of

Agreement #1403159630 - Guaranteed extra board agreement:

“It is therefore agreed that employees may move to the extra boards only by

application or when they have a displacement right through being bumped or their

job is abolished. An employee may not relinquish his or her assignment and move

to the extra board.”

NOTE 2: Employees exercising their right under Appendix 23 will not be deemed as

relinquishing their assignment.

Assignments may be established or discontinued at any time between the bulletin period stated in Section

(a) of Rule 85. When an assignment is discontinued, the incumbent will be given as much advance notice

as practicable. When an assignment is established it will, pending the time it is bulletined and assigned, be

filled by engineers from the extra board except as provided in Rules 84 and 88.

49

RULE 91. EXTRA BOARDS -- MAINTAINING.

(a) Non guaranteed Extra Boards will not be maintained except as may be necessary to comply with

the mileage regulations. See Rule 116.

(b) Portland Hub Zones 1, 2 and 3: At the Carrier's discretion Guaranteed extra boards may be

established, upon thirty (30) days' written notice to the General Chairman, at any location where deemed

necessary. Likewise, in the event there is insufficient work to justify an extra board(s) same may be

suspended upon thirty (30) days' written notice to the General Chairman.

Salt Lake Hub: At the Carrier's discretion Guaranteed extra boards may be established, upon

thirty (30) days' written notice to the General Chairman at any location where deemed necessary.

Likewise, in the event there is insufficient work to justify an extra board(s) same may be suspended upon

thirty (30) days' written notice to the General Chairman.

Extra engineers filling vacancies on regular assignments shall take the conditions of the regularly

assigned engineer from the time he or she reports for duty on such assignment until released therefrom.

established on duty point will be called, as near as practicable, one hour before time required to report for

duty. Where engineers provide themselves with telephone service at their own expense they shall be

called by telephone and the distance within which they shall be called shall not be limited.

NOTE 1: The parties mutually acknowledge and accept the current practice of calling

engineers at both their home and away-from-home terminals no less than one and

one-half (1.5) hours prior to the time required to report for duty.

NOTE 2: At their home terminal, engineers requiring more than a one and one-half (1.5)

hour call will notify crew management in writing and will be called as near as

practicable at the time desired.

(b) In assigned road service where employees report for duty without being notified or called and it is

desired on any day to defer the reporting time, notice shall be given not less than the usual advance

calling time for reporting for duty at each terminal and in accordance with usual calling practices at such

terminal. The employee shall be notified at such time when he/she is to report and only one such

deferment may be made. In such cases the time of the trip or tour of duty shall begin at the time the

employee is required in accordance with said notice of change to report for duty. If not so notified, the

reporting time shall be as provided in the assignment.

(c) Engineers assigned in pool (unassigned) freight service or to a road or combination extra board

whose approved/authorized absences are 72 hours or greater and expire between 8:00 a.m. and 10:30 p.m.

will be automatically marked up for service and available for service upon expiration of their

approved/authorized absence.

50

(d) 1. Engineers assigned in pool (unassigned) freight service or to a road or combination extra

board whose approved/authorized absences are 72 hours or greater and expire between 10:31 p.m. and

7:59 a.m. will be automatically marked up upon expiration of their approved/authorized absences but will

not be eligible or called for an assignment that starts prior to 7:59 a.m. Engineers covered by this

Paragraph D will be available for service for an assignment starting subsequent to 7:59 a.m. -- i.e.,

marked-up engineers can be called prior to 8:00 a.m. for an assignment that starts subsequent to 7:59 a.m.

2. The freight pool turn or extra board position occupied by an engineer covered by this

Paragraph D will continue to rotate within the pool or extra board during the period he or she is

unavailable for service pursuant to Paragraph D except that if his or her pool turn or extra board position

reaches the first-out position before he or she is available for service the engineer's pool turn or extra

board position will be held in the first-out position until he or she is available for service or call.

(e) Missed Calls – Lack of Current Information.

between the

for the territory covered by the

and the

It is agreed pool freight engineers who miss a call for service because of the lack of current or correct

information from the central calling point (Automated Voice Response – AVR), when the engineer has

sought such information, will be reinstated to the first-out status and will be called for the next turn.

Upon return to the home terminal, the engineer will be placed in the same relative position occupied in

the pool prior to the missed call.

An extra engineer who misses a call for pool freight service because of the lack of current available or

correct information from the central calling point (AVR), when the engineer has sought such information,

will be reinstated to first-out status on the extra board.

If an engineer, who has obtained and relied on information from AVR, feels he/she has been improperly

placed in missed call status, that engineer must notify CMS as soon as possible, but within four hours of

the missed call. Upon such notification, CMS will place the engineer in first-out status, without question.

If problems develop from this handling, the company reserves the right to verify that an engineer claiming

an improper missed call has, in fact, contacted AVR and found unavailable or incorrect information, prior

to placing such engineer in first-out position.

No runaround penalties will be paid as a result of the application of this agreement.

This agreement will be effective June 15, 1999 and remain in effect subject to the provisions of the

Railway Labor Act with the specific exception that if crew notification technology changes to the extent

this agreement is no longer appropriate, either party may give 60 days written notice of intent to cancel.

Signed at Salt Lake City June 7, 1999.

51

General Chairman – BLE Director – Labor Relations

turn shall be paid one-half basic day and stand first-out.

(b) Where an engineer in pool or unassigned freight service is not called in his or her turn because of

not being rested and available, and another engineer is called, and the engineer so called in lieu of the

first-out engineer does not depart from the terminal until more than one hour after the engineer that was

not called in his or her turn is rested and available, the engineer not called will be paid a runaround of

one-half basic day and stand first-out.

(c) Engineers assigned to the extra board who are called in their turn for pool or unassigned freight

service in the same direction who do not depart from their terminal in the order called, will be allowed a

runaround of one-half basic day.

Engineers assigned to the extra board who are called in their turn for pool or unassigned freight

service in different directions, will not be considered runaround unless the crew first on duty departs one

hour or more later than the crew next on duty, in which event the extra engineer first out will be allowed a

runaround of one-half basic day.

Engineers assigned to the extra board who are called in their turn for other than pool or

unassigned freight service will not be considered runaround if they are run on the trains called for.

NOTE: The payment of terminal runarounds are subject to their inclusion in Trip Rates

per 2003 National Agreement - Article V.

performing service, other than preparing engine to go out on a train, will be allowed one-half basic day at

the basic through freight rate and stand first-out; if held on duty over four (4) hours, or he or she moves

engine from the track or place that he or she takes charge of the engine for the purpose of going to train,

he or she will be allowed a basic day and stand last-out.

If he or she is both called and released before leaving home or place where called, no allowance

will be made if the time the engineer is first contacted for a call is within the period between 6:00 AM and

10:00 PM, but one-half basic day at the basic through freight rate will be allowed if the time the engineer

is first contacted for the call is within the period between 10:00 PM and 6:00 AM and retain his or her

position on board.

(b) Except as otherwise provided, an engineer holding a turn in interdivisional pool freight service,

who is held four (4) hours or more and qualifies for a basic day payment shall stand first-out on the

interdivisional pool freight board, but will not be used for service until the expiration of minimum rest as

required by the Federal Hours of Service Law or by the applicable rest agreement from the time of release

from duty, if other rested crews are available.

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In the application of this provision, such engineer shall establish a new turn and no claim for

runaround shall be considered valid.

those in unassigned service held at other than home terminal will be paid continuous time for all time so

held after the expiration of sixteen (16) hours from the time relieved from previous duty, at the regular

rate per hour paid them for the last service performed. If held sixteen (16) hours after the expiration of the

first twenty-four (24) hour period, they will be paid continuous time for the time so held during the next

succeeding eight (8) hours, or until the end of the second twenty-four (24) hour period, and similarly for

each twenty-four (24) hour period thereafter.

NOTE: For engineers governed by the Salt Lake Hub and Portland Hub (Zones 1, 2 and 3)

Merger Implementing Agreements, the following shall apply:

Engineers in pool freight service held at other than home terminal will be paid

continuous time for all time so held after the expiration of sixteen hours from the

time relieved from previous tour of duty, at the regular rate per hour paid them for

the last service performed.

(b) Employees whose seniority in engine or train service precedes November 1, 1985 who are called

on duty while receiving held-away-from-home terminal time pay will be paid held time until the

departure of the train for which called, except where terminal delay payments or terminal work payments

accrue, in which event held time pay will stop at the time terminal time begins. For employees whose

earliest seniority date in engine or train service is established on or after November 1, 1985 held time will

cease when pay begins for the service trip or deadhead.

Road time shall be computed from the time held-away-from-home terminal time ceases. Where

the total time on duty produces overtime, the overtime earned or the held time, measured from time of

reporting for duty to time of departure, whichever is greater, will be paid.

NOTE 1. In applying the first sentence of this Section (b), an engineer called and brought

on duty while not receiving held time and held time accrues prior to departure of

the train, held-away-from-home time will be paid until the departure of the train

for which called, except that held time payment shall not be duplicated with or be

in addition to any other payments under terminal work and/or delay time rules.

NOTE 2. For application of this rule to engineers operating in extra, pool and unassigned

freight service, see the parties’ Letter of Understanding dated June 29, 1972, with

reference to Section D) contained in Appendix 13 located on page 244 of this

Schedule.

(c) Should an engineer be ordered to deadhead after pay begins, the held-away-from-home terminal

time shall cease at the time the train leaves the terminal, except that in no event shall there be a

duplication of the payments for deadhead time and held-away-from-home terminal time.

(d) Payments accruing under this rule shall be paid for separate and apart from pay for the subsequent

service or deadheading, except as provided in Section (b) of this rule.

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NOTE: Where eight (8) hours held time is paid under this rule, payment shall be at the

rate of previous trip, but where less that eight (8) hours held time is paid, the

payment shall be at the rate of the outgoing trip.

(e) Not carried forward herein.

(f) Not carried forward herein.

(g) Where engineers engaged in extra passenger service are receiving the freight rates of pay, they

will be paid accrued held-away-from-home terminal time on basis of passenger rules but at the freight rate

instead of the passenger rate.

their respective runs.

(b) Road engineers will not be required to make unnecessary backup movements.

or repair projects necessitating the detouring of trains over lines other than the normal route, engineers

will be allowed the same mileage over such lines as is allowed engineers assigned to those lines.

(b) For the territory encompassed in Portland Hub Zone 1 and 2 (former Northwestern District),

foreign line trains detouring over the lines of the Union Pacific Railroad Company will be accompanied

by an Engineer Pilot called in accordance with the rules governing use of engineers.

Efficiency tests will not be conducted under conditions that are hazardous to the employees. Red lanterns

or red flags will not be used unaccompanied by torpedoes (or the equivalent) unless the train is required to

move at restricted speed.

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:

“Supply locomotives except for heavy equipment and supplies generally placed

on locomotives by employees of other crafts.”

This refers to Article VIII - Road, Yard and Incidental Work - Side Letter #7 of 1986 Arbitration Board

No. 458:

54

“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.”

For employees working in through freight service (assigned or unassigned) where trip rates have been

implemented pursuant to Article V, Part B, Section 2(a) of the 2003 BLET National Agreement,

deadheading is included as one (1) of the nine (9) National Pay Elements listed in Article V, Part B,

Section 5(a). There is no difference in pay between a work or deadhead start in through freight service

(assigned or unassigned) where a trip rate has been implemented due to the method of computing trip

rates pursuant to Article V, Part A, Section 3(a) which requires that all earnings attributable to the nine (9)

National Pay Elements be averaged together during the established test period in order to establish the

respective trip rate.

A new pay system shall be implemented as provided in this Part for all employees

covered by this Agreement working in through freight (assigned and unassigned) service.

(a) Each carrier shall develop Trip Rates for Starts in through freight service runs/pools. The

Trip Rates shall incorporate the pay elements specified in Section 5 except as otherwise agreed by

the parties or determined by the Disputes Committee established in Section 6 hereof. Once Trip

Rates become effective for runs/pools, pay elements incorporated in such Trip Rates will not be

used to support any claims for those pay elements relating to that trip. Pay elements not included

in Trip Rates will continue to be covered by existing rules.

Rules covering deadheading for non trip rated assignments apply as follows:

(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

55

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.

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.

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 so notify the authorized employee representatives on or before such

date.

Letter #4 of the Award of Arbitration Board No. 458.

No. 10 thru Issue No. 15 of the Award of Arbitration Board No. 458.

See Appendix 39 covering the use of personal automobile and deadheading to ensure of minimum

of eight (8) hours rest prior to on duty time.

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RULE 103. TIE-UPS--FEDERAL LAW.

(a) Under the laws limiting the hours on duty, engineers in road service will not be tied up unless it is

apparent that the trip cannot be completed within the lawful time; and not then, until after the expiration

of ten (10) hours on duty under the Federal Law, or within two (2) hours of the time limit provided by

State laws if State laws govern.

(b) If engineers in road service are tied up in less number of hours than provided in Section (a), they

shall not be regarded as having been tied up under the Law, and their services will be paid for as per

schedule.

(c) When engineers in road service are tied up between terminals under the Law, they shall again be

considered on duty and under pay immediately upon the expiration of the minimum legal period off duty

applicable to the crew, provided the longest period of rest required by any member of the crew, either

eight (8) or ten (10) hours, to be the period of rest for the entire crew.

(d) A continuous trip will cover movement straight-away or turnaround from initial point to the

destination train is making when ordered to tie up. If any change is made in the destination after the crew

is released for rest, a new trip will commence when the crew resumes duty.

(e) Not carried forward herein.

(f) Not carried forward herein.

(g) If any service is required of an engineer, or if held responsible for the engine, during the time tied

up under the Law, he or she shall be paid for all such service.

(h) When it is evident that trip cannot be completed in twelve (12) hours, engineers may be tied up

between terminals under ten (10) hours and paid ten (10) hours, from initial point to tie-up point, and

again considered under pay at the expiration of eight (8) hours from time tied up.

(i) Engineers tied up under Section (h) of this rule, time in excess of eight (8) hours on runs of onehundred

(100) miles or less, or after the time equivalent of the miles divided by 12.5 where the run is over

one-hundred (100) miles will be paid overtime up to the expiration of ten (10) hours from the time first

required to report for duty.

When an engineer has sufficient time to work under the Law to return to his or her home terminal over the

district on which the trip is to be made at a speed of sixteen (16) miles per hour, computed on constructive

mileage where constructive mileage applies, he or she will not be held for rest.

An engineer who is not fully rested may be held for full rest then stand first out, but if the engineer used

completes the trip within the time the held engineer was eligible to work under the Hours of Service law,

the held engineer will be paid as a penalty a runaround of one-half basic day.

57

A road service engineer deadheaded to an outlying point for unassigned freight service, where a single

service trip is made, will be paid for the service trip upon arrival time at the outlying point until the return

deadhead begins from the outlying point.

Where more than a single service trip is made from an outlying point in unassigned freight service, the

engineer's time shall begin at the expiration of legal rest from the time tied up. After completion of the

last service trip, payments shall continue until the return deadhead movement begins.

Engineers in unassigned services listed below may be tied up at any point where food and lodging can be

procured and the tie-up time deducted, provided their time will begin at the expiration of eight (8) hours

from time tied up and they shall receive a minimum of 100 miles for each day's work or tour of duty

between tie-ups according to class of service and engine used.

1. Unassigned freight service on branch lines. Local freight rates to apply.

2. Trains run for the purpose of loading and/or unloading and handling livestock. Local freight rates

to apply.

3. Special Trains listed below where through freight rates will apply:

(a) Official inspections.

(b) Exhibition purposes.

(c) Making motion pictures.

(d) Circus trains.

NOTE: This rule shall apply to engineers at outlying points who are required to perform service

on their layover day or days.

Road engineers will not be tied up between their terminals except at points where food and suitable

lodging can be procured.

Engineers in road service will be paid actual time at pro rata rate for walking to register after tying up in

yards under Hours of Service Law.

58

PART A:

Union Pacific Railroad Company ("UP") and the Brotherhood of Locomotive Engineers and Trainmen

("BLET") agree to extend rest periods at home and away-from-home terminals to ten undisturbed hours

for employees assigned in pool (unassigned) freight service or to road/combination extra boards.

Accordingly, IT IS AGREED:

A. Except as specifically provided in Article II hereof, the rest period at the home and

away-from-home terminals for employees assigned to, or working in, pool (unassigned) freight

service or to road or combination extra boards shall be governed by the following:

1. An employee completing his or her tour of duty (tied-up) at his or her home terminal

will be provided a ten-hour undisturbed rest period. Said employee will not be called or

permitted to work out of the home terminal until expiration of the ten-hour undisturbed rest

period.

2. An employee completing his or her tour of duty (tied-up) at his or her away-from-home

terminal will be provided a ten-hour undisturbed rest period. Said employee will not be

called or permitted to work out of the away-from-home terminal until expiration of the

ten-hour undisturbed rest period.

NOTE 1: UP may contact an employee during the ten-hour rest period to advise of

the abolishment or annulment of his or her assignment, displacement from

a job (bumped), assignment to a new position/job, an emergency or other

notice or contact required by existing Agreement rules. An employee

contacted under the circumstances identified in this note shall not have his

or her rest period curtailed as a result of this call/contact nor shall said

call/contact entitle the employee to an extended rest period or start a new

rest period - i.e., the rest period of an employee contacted pursuant to this

note shall not be affected in any manner by the call/contact.

NOTE 2: An employee who is displaced during the rest period provided pursuant to this

Agreement shall be afforded the option to forego the additional rest provided

by this Agreement over and above that provided in the federal

Hours-of-Service Act if necessary to protect the assignment the employee

places on. The involved employee must inform CMS at the time he or she

exercises his or her displacement of the intent to forego, in the limited and

specific circumstance described in this Note 2, the additional rest afforded by

this Agreement.

NOTE 3: In applying the provisions of this Agreement, a combined service and deadhead

trip shall be considered as a working trip.

59

3. This Agreement shall not preclude UP from giving an employee a "four-hour release" (also

known or referred to as an "interim release," a "four-hour or more release," or "aggregating

service”) in accordance with existing legal and collective bargaining agreement requirements, if

any.

NOTE: An employee who is being given a "four-hour release" (e.g., an "interim

release", a "four hour or more release," "aggregating service," etc.) must be

advised of such prior to his/her release from service on his/her current trip.

4. The rest period provided pursuant to this Article I, Section A shall commence coincident

with the employee's completion of his or her tour of duty and shall run concurrent with the rest

period provided pursuant to the Hours-of-Service Act.

B. Existing Agreement rules, or those portions thereof, that provide employees with an

opportunity or election to take a rest period at the home terminal or away-from-home terminal that is

less than that provided in Section A of this Article I shall be inapplicable and of no future force or

effect.

NOTE: The parties specifically intend that only the portions of existing rest rules that

allow employees to take a rest period at the home terminal or away-from-home

terminal for a period greater than that afforded by this Agreement are to remain

in effect following implementation of this Agreement.

EXAMPLE: An existing rule gives employees assigned to a freight pool an option to

take a rest period at the home terminal of 8 undisturbed hours, 10 hours (no undisturbed

rest), 10 undisturbed hours, 12 hours (no undisturbed rest) or 12 undisturbed hours. If the

call time at the location is 2 hours (or less), the "8 undisturbed hours" and "10 hours (no

undisturbed rest)" options of this rule would not be available to an employee covered by

this Article I because the options would give the employee a rest period at the home

terminal less than what they would receive from this Agreement -- i.e., 10 Hours

undisturbed rest.

QUESTION: Are there any situations or circumstances in which an employee

covered by this Article I can or will receive less than ten undisturbed hours rest at his

or her home or away-from-home terminals?

ANSWER: Unless the employee is aggregating his or her service (e.g., given a

"four-hour release," a "four-hour or more release or an "interim release") or the

option set forth in Article II, below, has been exercised, no employee covered by this

Article I will be given a rest period at the home or away-from-home terminals of less

than ten undisturbed hours.

A. The away-from-home terminal rest period specified in Article I, Section A, Paragraph 2, above,

may, at BLET's option, be reduced for a specific freight pool, and all runs protected by said pool,

from ten undisturbed hours to eight undisturbed hours, subject to the conditions set forth below:

1. The away-from-home terminal rest period shall be the same for all employees working on

60

any runs protected by the involved freight pool -- i.e., ten undisturbed hours or, if the option set

forth in this Article II is exercised, eight undisturbed hours.

2. Except for the change in the duration of the undisturbed rest period at the away-from-home

terminal, all other provisions of this Agreement are unaffected by BLET's exercise of this option.

B. The exercise of the option set forth in this Article II shall be governed by the following:

1. This option may be exercised no sooner than sixty days following the effective date of this

Agreement.

2. The exercise of this option or the execution of an agreement to return the away-from-home

terminal rest period to ten undisturbed hours may be made only once in a twelve-month period.

3. The General Chairperson must advise UP in writing of its desire to exercise this option.

Said notice must identify the involved freight pool(s) and propose a suggested effective date for

the involved change(s). UP and BLET will agree on the effective date for the change(s), which

will not be more than thirty days from the date of BLET's notice. The BLET Local Chairman

shall be responsible for advising affected employees of the change in the away-from-home

terminal rest period.

QUESTION: Will the additional rest time provided pursuant to this Article II be used as

an offset against an employee's labor protection or guarantee benefits, if any?

ANSWER: No. This answer does not, however, impact or alter existing procedures for

handling of offsets to guarantee or labor protection benefits stemming from an employee's

election to invoke the provisions of a local extra rest rule.

QUESTION: Will an exercise of the option to change the away-from-home terminal rest

time from eight undisturbed hours back to ten undisturbed hours in accordance with Section

B of this Article II and the resultant increase in rest time at the away-from-home terminal

be used as an offset against an employee's labor protection or guarantee benefits?

ANSWER: No. This answer does not, however, impact or alter existing procedures for

handling of offsets to guarantee or labor protection benefits stemming from an employee's

election to invoke the provisions of a local extra rest rule.

A. This Agreement does not restrict the parties' rights and/or obligations as set forth in the

Hours-of-Service Act.

B. The terms and conditions of this Agreement are intended to address a specific circumstance and are

not intended to be applied to employees not assigned to a road or combination extra board or in pool

(unassigned) freight service.

C. In the event the provisions of this Agreement conflict in any manner with the provisions of existing

collective bargaining agreement rules, the terms and conditions set forth herein shall prevail.

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-------------------------

D. This Agreement shall become effective on the first calendar day of the month following the date

this Agreement is signed.

E. Either party may cancel this Agreement by the serving of a sixty-day advanced written notice on the

other party. During this sixty-day period, the parties will meet to discuss and endeavor to resolve the

issues leading to the cancellation notice.

(Signatures Omitted)

Mr. T. J. Donnigan

General Chairman, BLET

P.O. Box 609

Pocatello, ID 88204-0609

Dear Sir,

This has reference to our discussions in connection with the Memorandum of Agreement between

Union Pacific Railroad Company and the Brotherhood of Locomotive Engineers and Trainmen

2005

During the parties' negotiations, BLET voiced a concern that following implementation of this

Memorandum of Agreement, UP might adopt a position that this Interpretation was sufficient to address

fatigue abatement issues. This letter will confirm UP's commitment to continue working with BLET to

explore in good faith feasible, effective, and scientifically validated approaches for reducing fatigue at

locations or in operations where legitimate evaluations and data suggest UP's BLET-represented

employees are not obtaining sufficient or proper rest opportunities.

If the foregoing accurately reflects our understandings regarding this matter, please so indicate by

affixing your signature in the space provided below.

Sincerely,

Director - Labor Relations

AGREED:

General Chairman, BLET

62

between

and

Q1. Who is covered by the new proposed Ten-Hour Undisturbed Rest at Home Terminal and Awayfrom-

Home Terminal Rule?

A1. All engineers assigned to, or working in, pool freight service or to road or combination extra

boards

Q2. How much rest is mandated in the Agreement?

A2. At the engineer's home terminal, 10 hours undisturbed rest (UDR) is mandated by the Agreement.

At the away-from-home terminal for the first 60 days following implementation, 10 hours

undisturbed rest is mandated by the Agreement. After that initial 60-day period, each pool will

have the option to reduce the pool's rest period at the away-from-home terminal to 8 hours

undisturbed rest. The away-from-home terminal rest period can be changed from 8 to 10 hours

UDR or from 10 to 8 hours UDR every 12 months (see the process outlined in Article II, Section

B).

Q3. Are assignments with a regular start time (e.g., yard jobs, traveling switch engines, locals)

impacted by this UDR Agreement?

A3. No. Regular assigned employees will not be impacted by this Agreement. Extra employees

working these assignments will get the 10 hours UDR at their home terminal after each tie-up.

This Agreement will not apply to extra employees protecting regular local freight or road

switcher (TSE) assignments at outlying locations where deadheaded to protect.

Q4. Does this Agreement change the March 21, 1996 System Agreement - Extra (Undisturbed) Rest,

which provides eligible engineers with an option for 8, 10 or 12 hours UDR?

A4. This agreement mandates 10 hours UDR at the home terminal and either 8 or 10 hours UDR at

the away-from-home terminal. Any rule granting UDR rest periods that exceeds the rest periods

established pursuant to this Agreement remain in full force and effect and if qualifying criteria are

met, can be taken at the employee's option. Any rule granting UDR rest periods that are less than

the rest periods established pursuant to this Agreement is modified to the extent that those

provisions providing rest periods less than that provided in this Agreement are suspended.

Q5. Do I have to be rested to deadhead (separate and apart) out of the home or away-from-home

terminal?

A5. You do not have to be rested to deadhead separate and apart out of the away-from-home terminal.

You do have to be fully rested for a deadhead (separate and apart or in combination with service)

out of the home terminal. If you have elected to exercise a rest (UDR) option pursuant to the

March 21, 1996 System Agreement - Extra (Undisturbed) Rest, you should not be called to

deadhead or for service until the involved rest period has expired.

63

Q6. Can an engineer be contacted during his UDR period?

A6. Contact is allowed only for notice of annulment, abolishment, successful application for a new

assignment, emergency situations and other notices required by the Agreement. The FRA

considers this type of contact as incidental and it would not trigger a new rest period.

Q7. Will the additional rest time provided in this Agreement be used as an offset to an employee's

labor protection or guarantee benefits?

A7. No. The extension to the home and away-from-home terminal rest time provided pursuant to this

Agreement will not be considered as "unavailable" or "absence" time and used as an offset to an

engineer's labor protection or guarantee benefits, if any.

Q8. Does the additional home terminal and away-from-home terminal rest time provided pursuant to

this Agreement impact an employee's right to a bonus incentive payment afforded to engineers

who remain available for service the entire payroll half?

A8. No.

Q9. Engineers already have an Extra (Undisturbed) Rest Rule. What is the purpose of this agreement?

A9. While engineers have enjoyed the ability to take UDR at their option at both the home and awayfrom-

home terminals, certain conditions must be met in order to exercise that right. This

Agreement, however, automatically provides an eligible engineer with 10 hours-undisturbed rest

at his or her home terminal and either 8 or 10 hours undisturbed rest at the away-from-home

terminal after every trip.

Q10. Are there any conditions in which an employee can waive the right to UDR under this proposed

agreement?

A10. There is one specific situation in which an employee can waive the undisturbed rest period

provided pursuant to this Agreement. If an engineer is notified of a displacement at his or her

home terminal and the additional rest time afforded pursuant to this Agreement (that above the

minimum rest period specified in the Federal Hours-of-Service Act) will result in the engineer

losing a start or trip on the assignment he or she displaces onto, the engineer may notify CMS

when they advise you of your displacement and they will suspend that portion of your rest period

in excess of the Hours-of-Service Act rest period.

Q11. Can the agreement be canceled?

A11. One feature of this Agreement is that it can be canceled by either party. A 60-day notice of

cancellation is required and the Agreement mandates the parties meet and try to fix the problems

leading to the cancellation notice during that 60 day period.

Q12. What is meant by a term "4-hour interim release" as used in this UDR Agreement?

A12. The "4-hour interim release" is provided for in the Hours-of-Service Act and provides that your

Hours of Service may be aggregated (or combined) from your previous service trip. As an

example, you are called to deadhead to the away-from-home terminal to operate a train back to

the home terminal on continuous time. The deadhead trip takes you 2 1/2 hours to complete.

Upon your arrival at your away-from-home terminal, it is discovered that the train you have

deadheaded to protect has been laid down due to mechanical problems. Prior to your tie-up, UP

can notify you that they intend to return you back to service with a minimum 4-hour rest period.

However, the previous deadhead time (2 1/2 hours) will be included or aggregated with your

remaining time left to work (9 1/2 hours) in order to determine your maximum 12 hour on-duty

period. In other words, you would only have 9 1/2 hours left to work on the working trip back to

the home terminal under this example. This agreement requires UP to give you specific

64

notification prior to your tie-up that they intend to bring you back after an interim release.

1. Engineers may take extra (undisturbed) rest under the following circumstances:

(a) When an engineer's tour of duty has been for eight (8) or more hours; or

(b) When an engineer's tours of duty (including deadheads) in the previous five (5) consecutive

calendar days have resulted in no rest (off duty) period of twelve (12) or more continuous

hours.

2. Engineers taking extra (undisturbed) rest pursuant to (a) and (b) above may do so under the following

conditions:

(a) If on duty for more than eight (8) hours, but less than twelve (12) hours, an engineer may take

eight (8) or ten (10) hours undisturbed rest.

(b) If on duty twelve (12) hours, an engineer may take ten (10) or twelve (12) hours undisturbed

rest.

(c) If there was not a twelve (12) or more hour rest period in the previous five (5) consecutive

calendar days, an engineer may take eight (8), ten (10) or twelve (12) hours undisturbed rest.

(d) An engineer taking extra (undisturbed) rest must so advise CMS at time of tie-up.

(e) Engineers may not take extra (undisturbed) rest on the day before or the day of a holiday

recognized under applicable Agreement provisions.

(f) Engineers taking extra (undisturbed) rest shall not be contacted during such period.

3. Engineers will not be considered as unavailable for guarantee purposes for the first extra rest taken in

each pay period. Engineers taking extra (undisturbed) rest will be considered unavailable for the

second and successive extra (undisturbed) rest occurrences in each pay period if they would have

been called had they not taken the extra (undisturbed) rest. In each such instance(s) the guarantee

reduction for an extra board engineer will be one (1) guarantee day, and for a guaranteed pool

engineer, one (1) round trip.

NOTE: The purpose of this Rule is to provide engineers with the opportunity to obtain,

when needed, rest so as to ensure they can safety perform their duties. This rule is

not intended to be a mechanism to allow engineers to only work certain shifts,

avoid calls, or layoff. It is likewise not intended undisturbed rest be taken after

every trip. The parties recognize the merit of this rule and will jointly work to

eliminate any abuse of this rule.

When engineers require rest they shall so specify by way of electronic or other means at time of tie-up

and they shall not be disturbed during rest period.

65

NOTE: Engineers who have been on duty less than 12 hours may request a maximum of 10

hours rest and engineers who have been on duty 12 hours may request a maximum of

12 hours rest. Engineers shall not be contacted during such periods.

Road engineers shall be allowed time for meals between terminals when necessary, provided train

dispatcher is given sufficient advance notice, if possible, to avoid delay to other trains.

NOTE: For engineers operating in pool freight or interdivisional freight service governed

by the appropriate Merger Implementing Agreements for Portland and Salt Lake

Hubs, the following applies:

“Meal allowances and eating en route will be governed by Sections 2(d) and 2(e) of

Article IX of the May 19, 1986, National Arbitration Award (BLE) as amended by

the November 7, 1991 Implementing Agreement.”

with the following provision:

(b) Firemen (student engineers) shall be examined for promotion according to seniority.

Promotion and establishment of seniority as engineer shall be effective as of the date a

fireman (student engineer) is certified as a qualified locomotive engineer.

(c) All firemen (student engineers) taking and passing the same examination in the same

examination class shall be considered as having passed such examination at the same time.

(d) As soon as a fireman (student engineer) has been awarded a certificate showing him or

her as a qualified engineer, he or she will be notified in writing by the proper official of the Company

of his or her seniority date and unless he or she files a written protest within sixty (60) days against

such date, he or she cannot thereafter have it changed. When his or her seniority date has been

established in accordance with regulations, such date shall be posted and if not challenged in writing

within sixty (60) days after such posting, no protest against such date shall afterwards be heard.

(e) No fireman (student engineer) shall be deprived of his or her rights to examination, nor to

promotion in accordance with his or her relative standing on the firemen's (firemen in training or

student engineer’s) roster, because of any failure to take his or her examination by reason of the

requirements of the company's service, by sickness, or by other proper leave of absence; provided,

that upon his or her return he/she shall be immediately called and required to take examination and

accept proper assignment.

(f) Notice of engineer’s seniority date established in accordance with Section (b) shall be

posted electronically on the appropriate seniority roster(s).

(g-1) For engineers with seniority dates prior to October 31, 1985, no demoted engineer will be

66

permitted to hold a run as fireman on any seniority district while a junior engineer is working on the

engineers' extra list, or holding a regular assignment as engineer on such seniority district.

(g-2) The provisions of Agreement dated November 8, 1972 shown as Appendix 22, contained

in the January 1, 1977 Idaho Schedule and this 2008 Schedule shall apply while in effect.

(g-3) Ebb and Flow conditions applicable to employees establishing seniority after October 31,

1985 are governed by separate agreements associated with the following territories as contained in

Appendix 34 herein:

Salt Lake Hub and Side Letters

Portland Hub Zone 1 and Side Letters

Portland Hub Zone 2 and Side Letters

Portland Hub Zone 3 and Side Letters

(h) The provisions of this rule shall not prevent the General Chairman from negotiating with

the Director of Labor Relations to have discharged engineers reemployed or reinstated to their former

seniority.

(regular or extra) in road or yard service, may be required by the Company to make one or more round

trips in road freight service as an engineer at three (3) month intervals or as may otherwise be determined

by the company in order to retain his or her skills and qualifications for road freight service, in which

event such employee will be paid the prevailing engineer's rate for the required trip.

(b) The employee required to make such trip or trips as an engineer in accordance with the provisions

of paragraph (a) hereof shall be paid therefore on the same basis as the engineer called for the service to

handle the train. If necessary to deadhead to make such trip or trips such deadheading will be paid for

under existing rules.

NOTE 1. In the implementation of paragraphs (a) and (b), an engineer may be required

to make such qualifying road trips on his or her designated "days off" or on

regularly established work days of his or her regular assignment. When used

off his or her regular assignment for such qualifying road trips, the employee

will receive for such service not less than he/she would have earned on his or

her regular assignment calculated from the time compensation begins to

accrue while making such qualifying trips and ending when the employee

resumes service on his or her regular assignment.

NOTE 2. The company shall designate the service, territory, time and the engineer

with whom such qualifying trips shall be made.

Exchange of seniority by an engineer on a seniority district within the scope of this agreement with an

engineer on a seniority district of the Union Pacific Railroad outside of the territory of this agreement will

be subject to the approval of and conditions agreed to between the Directors of Labor Relations and the

67

General Chairmen of the districts concerned.

(a) When from any cause it becomes necessary to reduce the number of engineers on the engineers'

working lists on any seniority district, any pre 1985 engineer possessing fireman’s seniority may, if they

so elect, displace any fireman their junior on that seniority district under the following conditions:

(b) That no reductions will be made so long as those in assigned or extra passenger service are

earning the equivalent of 4000 miles per month; in assigned, pooled or chain gang freight, or other service

paying freight rates, are averaging the equivalent of 3600 miles per month.

That when reductions are made they shall be in reverse order of seniority.

(c) In the event an engineer is laid off on account of reduction in service, he/she will retain all

seniority rights provided they return to actual service within thirty (30) days from the date their services

are required. An engineer demoted to train service is not considered laid off under this rule.

(d) Engineers taken off under this rule shall be returned to service as engineers in the order of their

seniority as engineers, and as soon as it can be shown that engineers in assigned or extra passenger

service can earn the equivalent of 4800 miles per month; in assigned, pooled, chain gang or other regular

service paying freight rates the equivalent of 4200 miles per month.

(e)(1) In the regulation of passenger or pool freight service, sufficient engineers will be assigned to keep

the mileage or equivalent thereof within the limitations of 4000 and 4800 miles for passenger service, and

3600 and 4200 miles for pool freight service as provided herein. If in any service additional assignments

would reduce earnings below these limits, regulations will be affected by requiring the regular assigned

engineer(s) to layoff when the equivalent of 4800 miles in passenger or 4200 miles in pool freight service

has been reached.

NOTE: Reference the parties’ Letter of Interpretation dated May 7, 2008 relating

to Issue No. 2 and the indexing of miles pursuant to the 1986 Award of

Arbitration Board No. 458 reproduced in (e)(2) below.

As an exception to the foregoing, engineers assigned to Interdivisional Pool Service, who has

accumulated 4200 miles in the checking period, and their assigned pool turn will depart the home

terminal prior to the checking date, may, nonetheless, work the assignment; provided, however, that the

over-miles will be carried over into the next checking period, making in reality a sixty (60) day checking

period rather than the normal thirty (30) day. Upon attaining maximum mileage of 8400 miles for the

sixty (60) day period, the engineer must be relieved, except as provided in Section (n).

(e)(2) May 7, 2008

File: 1340.10

Mr. T. J. Donnigan

General Chairman

Brotherhood of Locomotive Engineers and Trainmen

68

P.O. Box 609

Pocatello, ID 83204-0609

Dear Sir:

This will refer to our ongoing discussions concerning mileage regulation of through-freight pools

on the UP-BLET Idaho collective bargaining agreement territory. As we have discussed it is the

Organization’s position that Issue No. 2 of the 1986 Award of Arbitration Board 458 - Informal Disputes

Committee, required the parties to respond to increases in the basic day mileage by indexing (upward) the

mileage regulating factors as contained in existing agreement rules, in this case Rule 116 of the UP-BLET

Idaho CBA.

Carrier notes the exact language used by Neutral Member LaRocco in Issue No. 2:

As we’ve discussed, and as recognized by Neutral LaRocco, the parties clearly understand that

regardless of line miles or any other unique operating characteristics of the pool(s). Significantly, the

parties discussed the implications of increased mileage regulations that would affect adjustments based on

line miles to those freight pools consisting of lower line miles. It is thus the parties’ intention to enter into

this Letter of Interpretation to signify an understanding relative to the application of Issue No. 2 on the

UP-BLET Idaho CBA territory.

Accordingly, while the parties have agreed to modify Rule 116 to provide an “indexed” mileage

regulation of 3600-4200 miles for pool freight service in accordance with the Informal Dispute

Committee’s urging, that increased mileage regulation will not apply to freight pools with line miles of

170 miles or less. Rather, the previous mileage regulations of 3200-3800 as contained in Rule 116 will

continue to apply.

In reaching this Letter of Interpretation, the parties also commit to further discussions, as

necessary, to gauge the relative impact that the above mileage regulations have on all affected freight

pools on the Idaho CBA territory and to make modifications where mutually agreed.

Please signify your concurrence where provided.

Sincerely,

Alan L. Weed

Director Labor Relations

Arbitration & Negotiations

I concur:

69

T. J. Donnigan, General Chairman, BLET

(f) On road extra lists maintained to protect passenger service only, a sufficient number of engineers

will be maintained to keep the average mileage or equivalent thereof between 4000 and 4800 miles per

month.

On other road extra lists, a sufficient number of engineers will be maintained to keep the average

mileage or equivalent thereof between 3600 and 4200 miles per month.

When road extra lists (other than passenger) are increased or reduced, adjustments shall be made

by placing on the extra list or taking from the extra list a sufficient number of engineers to bring the

average miles per month nearest 3800 miles.

(g) Engineers used in both freight and passenger service will be permitted to make the equivalent of

4200 miles in freight service. Passenger miles will be equated to freight miles on the basis of 1.25 miles

passenger equaling one mile freight. Freight miles will be equated to passenger miles on basis of one mile

freight equaling 1.25 miles passenger.

(h) In assigned yard service, regulation will be made by requiring each regularly assigned engineer to

layoff when he/she has earned the equivalent of 35 days per month.

(i) In extra yard service a sufficient number of engineers will be maintained to keep the average

earnings between 26 and 35 days per month; provided that when men are cut off the working list and it is

shown that engineers in yard service are averaging the equivalent of 31 days per month, engineers will be

returned to service if the addition will not reduce the average earnings below 26 days per month.

(j) In regulating working list in respective classes of service, each list will be handled separately.

(k) Pool freight lists shall be checked on a specified day and time each week, and, where necessary,

adjusted on the basis of the average miles during the preceding fourteen (14) days.

(l) In unusual or emergency situations additional engineers may be added to the extra lists to meet

service requirements, and when such unusual or emergency conditions cease to exist the men added will

be promptly taken off.

(m) Statement of mileage made by engineers in all classes of service shall be furnished the regularly

constituted committee on completion of payrolls for each semi-monthly pay period.

The company shall supply Local Chairman with a statement showing the name of each engineer

who exceeds his or her maximum miles.

(n) If any engineer exceeds his or her maximum miles or days in any thirty (30) day working period,

the excess miles or days will be charged to his or her mileage or days in the following working period.

This will not apply when all demoted engineers have been returned to the engineers' working lists.

The working period of each employe as provided herein shall be a period of one month

coinciding with the engineers day of birth.

70

EXAMPLE

An engineer’s birthday is September 17th. His or her checking period shall

begin on the 17th day of each month.

An engineer who cannot be released account attaining his or her maximum

miles in two consecutive checking periods shall not be charged with such

excess miles in the third checking period.

EXAMPLE

An engineer exceeds his or her maximum miles account shortage of men in his

or her checking period ending October 15th. Such excess miles are charged to

his or her checking period which ends November 15th. If he or she exceeds his

or her maximum miles in the checking period which ends November 15th account

shortage of men such excess miles shall not be carried over and charged

to his or her checking period which ends December 15th.

(o) An extra engineer assigned to a non-guaranteed extra board who is absent from service to comply

with the mileage regulations shall not, except in emergency, return to the extra board until 12:01 AM of

the day on which his or her new checking period begins.

(p) In the regulation of mileage neither the minimum nor the maximum is guaranteed.

(q) Officers of the company and designated representatives of the Brotherhood will cooperate in

regulating working lists and extra boards of engineers in such manner that the mileage accumulated shall

be maintained within the limitations provided for herein.

(r) Engineers will be required to register each trip the total number of miles made by them up to the

time of registry each day or trip when final registry is made. It is understood that no penalty whatsoever

attaches to the company with respect to this arrangement.

Any engineer who fails to register his or her accumulated mileage at the completion of each trip,

into his or her home terminal, will not be entitled to his or her turn out. Engineers from the extra lists

protecting the assignment of an engineer who is off for miles, will be released upon completion of the trip

into home terminal point following end of assigned engineer's checking period. The assigned engineer

must protect his or her run the first day it works following his or her checking period unless granted a

leave of absence.

(s) Except as otherwise provided, any engineer who intentionally exceeds the maximum miles set

forth herein, or other agreement between the Brotherhood and the Company, in any class of service or

maximum days per month in yard service, will be penalized two (2) miles for each mile in excess of the

maximum set forth for the class of service. The two (2) for one penalty will be applied to the miles in the

succeeding checking period. For example:

An engineer, who intentionally exceeds his or her 4200 maximum miles in freight service by

300 miles during his or her checking period, will be taken out of service when he/she has

attained 3600 freight miles in his or her succeeding checking period.

71

An engineer who has maintained his or her maximum miles and cannot be released by the

Company account shortage of men shall not be penalized as herein provided. In such

circumstances crew management will furnish the involved engineer a written statement to

that effect for his or her presentation to the Local Chairman, provided an engineer who

applies for relief must be relieved before another engineer is relieved upon attaining

maximum miles.

RULE 117. LEAVES OF ABSENCE.

(a) Leaves of absence of fifteen (15) days or less must be approved by Crew Management or other

designated representative of the Company at the terminal of the district where the engineer is employed.

Leaves of absence shall not be granted for periods of less than twenty-four (24) hours, except that

engineers holding regular assignments, or holding a regular turn in pool freight service, will be permitted

to go out on their own assignments in less than twenty-four (24) hours.

NOTE: Extra engineers laying off are subject to conditions outlined in the following Guaranteed

Engineers’ Extra Board Agreements:

An extra engineer laying off for any reason and at any time other than on call will not be

permitted to mark-up for twelve (12) hours from the time he or she laid off. He or she must

mark-up to resume service.

An extra engineer laying off on call will be held in (i.e., will not be permitted to mark-up)

until the tie-up of the respondent or twelve (12) hours from the time of the lay-off, whichever

is later, and must mark up to resume duty. It is understood that this provision does not estop

the Carrier from administering such discipline as it deems proper for a missed call.

An extra engineer missing a call will be automatically marked to the bottom of the extra

board at the time of such miss call.

For guarantee purposes, an extra engineer missing a call or laying off at the far terminal will

be treated the same as an extra engineer laying of on call at the home terminal and will not

be returned to the extra board until tie-up of the assignment he or she missed call for.

An extra engineer who misses a call, lays off on call or ties-up for extra rest when he or she

stood for an outlying vacancy will, upon reporting for service, be required to relieve the

engineer who accepted the call if he or she is still occupying the outlying vacancy. His or her

guarantee will be reduced by the amount he or she would have earned with a minimum of one

guarantee day for each day laid off.

72

An extra engineer laying off for any reason and at any time other than on call will not be

permitted to mark up for twelve (12) hours from the time he or she laid off. Mark up time

shall be agreed to at the time of lay off. If services are needed, he or she will be penalized

one day's pay and fall to bottom of board.

An extra engineer laying off on call will be held in until the tie up of the respondent or

twelve (12) hours from the time of the lay off, whichever is later. The engineer will be

marked up automatically, however, this shall not prevent the Carrier from using him/her in

emergency service if the extra board is exhausted. If used in emergency, the engineer will

not be penalized for the lay off under this Section 5. If not used, will have their guarantee

reduced by the amount they would have earned had they not laid off.

An extra engineer missing a call will be held off for a minimum of twelve (12) hours and

will be automatically marked up to the bottom of the extra board. Engineers missing call

for an assignment at an outlying point shall be governed by Section 8 herein. It is

understood that this provision does not prevent the Carrier from administering such

discipline as it deems proper for a missed call subject to the terms of the Schedule

Agreement.

For guarantee purposes, an extra engineer missing a call or laying off at the far terminal

will be treated the same as an extra engineer laying off on call at the home terminal and

will not be returned to the extra board until tie up of the assignment he/she missed call for.

An extra engineer who misses a call or lays off on call when he or she stood for an outlying

vacancy will, upon reporting for service, be required to relieve the engineer who accepted

the call if he or she is still occupying the outlying vacancy. The guarantee will be reduced

by the amount he or she would have earned.

NOTE: Where one extra engineer is called and deadheaded to an outside point to fill a

vacancy in either road or yard service because another engineer on the extra

board has taken or been granted a leave of absence (layoff) within twenty-four

(24) hours from the time the one extra engineer was called to deadhead and

who, except for having taken or been granted a leave of absence (layoff), would

have stood for the call to deadhead to the outside point for road or yard service,

such extra engineer who has taken or was granted leave of absence (layoff)

shall, upon reporting for duty, be required to go to the outside point and relieve

the extra engineer sent in his or her stead, provided the vacancy continues to

exist. The extra engineer electing not to deadhead to the outside point shall not

be restored to the extra list until the extra engineer sent in his or her stead has

returned and marked up for service at the extra board point. This provision shall

not apply to an extra engineer laying off to comply with the existing mileage

regulations or to take his or her vacation.

73

An extra engineer who takes and is granted leave of absence (layoff) and who is required

to deadhead to an outside point in the application of the first paragraph of this Section,

shall deadhead to and from the outside point on his or her own time and shall not be paid

for deadheading in either direction.

(b) Leaves of absence exceeding fifteen (15) days but not exceeding ninety (90) days must be

approved by the Division Superintendent. Leaves of absence exceeding ninety (90) days must be

approved by the Regional Vice President. The standard leave of absence form shall be executed for all

leaves of absence exceeding fifteen (15) days.

(c) Leaves of absence exceeding ninety (90) days shall not be granted except for sickness, disability,

committee work or by permission of the Regional Vice President.

(d) Engineers accepting official positions in the service of the Company or the Brotherhood shall be

considered as on leave of absence while holding such positions.

(e) Leaves of absence will be granted only at the employe's home terminal or the terminal of his or

her assignment, except in emergency. Employes shall not report for work following leaves of absence at

points other than their home terminal or the terminal of their assignment, advance notice thereof to be

given as provided in Section (g).

(f) Engineers shall not absent themselves from service without proper authority.

(g-1) Engineers assigned in unassigned pool freight service or to a road or combination extra board are

subject to the mark-up provisions outlined in Automatic Mark-up Interpretation contained in Appendix

61.

(g-2) Engineers assigned to jobs governed by bulletins per Rules 78 and 85 and not subject to the

provisions of the Automatic Mark-up Interpretation referenced above who mark up for duty after having

been granted permission to be absent shall give advance notice of the time they will report for duty as

follows:

1. Engineers holding assignments which work at or out of a point where an extra board is

maintained shall give crew management at least three (3) hours advance notice.

2. At points where extra boards are not maintained, engineers shall mark up for duty at least twelve

(12) hours in advance of the on-duty time of their assignment.

(h) Extra engineers granted leaves of absence shall be placed at the foot of the extra list at the time

they report for duty.

(i) Not carried forward.

(j) Engineers who fail to report for duty at the expiration of the period for which their absence has

been authorized, unless request for additional leave is pending, shall automatically terminate their

seniority rights and employe relationship with the Company and such rights shall not be restored except

by written agreement between the Director of Labor Relations and the General Chairman.

(k) Engineers on assignments with layover days at outside points will, upon request, be permitted to

go home on such layover days when practicable.

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RULE 118. USED OFF REGULAR ASSIGNMENT.

An engineer taken from his or her regular assignment and used in other service will receive for such

service not less than he/she would have earned had he or she remained on his or her assignment. This

does not apply to freight engineers called for passenger service.

RULE 119. USED OFF ASSIGNED DISTRICT.

An engineer used off the district on which he or she is holding an assignment, will be allowed thirty-five

(35) miles for each calendar date so used at through freight rate applicable to locomotives weighing

between 250,000 and 300,000 pounds on drivers.

NOTE: This rule does not apply to pool freight engineers when receiving their trains

within the 25-mile zone pursuant to the following provisions in the Portland and

Salt Lake Hub Agreements:

Appendix 54 – Portland Hub Zone 1 – Article VI, Section D(1)

Appendix 55 – Portland Hub Zones 2 & 3 – Article VI, Section D

Appendix 57 – Salt Lake Hub – Article IV, Section B(1)

RULE 120. ATTENDING COURT AND BUSINESS FOR COMPANY.

Engineers attending court or other business on behalf of the Company will be reimbursed and paid as

follows in addition to necessary expenses:

(a) Engineers in the established pool, or on assigned runs, will receive what they would have earned

had they remained on assignments.

(b) Extra engineers will be allowed one day’s pay at the minimum freight rate applicable to the

district to which assigned for each day held away from service, provided that if an extra engineer

is called for such service while relieving a regularly assigned engineer, he or she will be entitled

to what he or she would have earned on the assigned run for such time as he/she is eligible

to hold such run. If displaced from the regular assignment while he or she is still on

company business, he or she will receive only a minimum day for each day thereafter that

he/she is withheld from the extra board.

(c) Deadheading will be paid for in accordance with Rule 102 to engineers attending court or other

business on behalf of the company of the category to which this Rule 120 is applicable, in

addition to payments under this rule for time lost and expenses.

When an employee is summoned for jury duty and is required to lose time from his/her assignment as a

result thereof, he/she shall be paid for actual time lost with a maximum of a basic day’s pay at the straight

time rate of his/her position for each calendar day lost less the amount allowed him/her for jury service

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for each such day, excepting allowances paid by the court for meals, lodging or transportation, subject to

the following qualification requirements and limitations:

(1) An employee must furnish the carrier with a statement from the court of jury allowances

paid and the days on which jury duty was performed.

(2) The number of days for which jury duty pay shall be paid is limited to a maximum of 60

days in any calendar year.

(3) No jury duty pay will be allowed for any day as to which the employee is entitled to

vacation or holiday pay.

Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in

case of death of an employee’s brother, sister, parent, child, spouse or spouse’s parent. In such cases a

minimum basic day’s pay at the rate of the last service rendered will be allowed for the number of

working days lost during bereavement leave. Employees involved will make provision for taking leave

with their supervising officials in the usual manner.

Q-1: How are the three calendar days to be determined?

A-1: An employee will have the following options in deciding when to take bereavement

leave:

a) three consecutive calendar days, commencing with the day of death, when the death

occurs prior to the time an employee is scheduled to report for duty;

b) three consecutive calendar days, ending the day of the funeral service; or

c) three consecutive calendar days, ending the day following the funeral service.

Q-2: Does the three (3) calendar days allowance pertain to each separate instance, or do the

three (3) calendar days refer to a total of all instances?

A-2: Three days for each separate death; however, there is no pyramiding where a second

death occurs within the three-day period covered by the first death.

Example: Employee has a work week of Monday to Friday – off-days of Saturday and

Sunday. His/her mother dies on Monday and father dies on Tuesday. At a

maximum, the employee would be eligible for bereavement leave on Tuesday,

Wednesday, Thursday and Friday.

Q-3: An employee working from an extra board is granted bereavement leave on Wednesday,

Thursday and Friday. Had he/she not taken bereavement leave he/she would have been

available on the extra board, but would not have performed service on one of the days on

which leave was taken. Is he/she eligible for two days or three (3) days of bereavement

pay?

A-3: A maximum of two days.

Q-4: Will a day on which a basic day’s pay is allowed account bereavement leave serve as a

qualifying day for holiday pay purposes?

A-4: No; however, the parties are in accord that bereavement leave non-availability should be

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considered the same as vacation non-availability and that the first work day preceding or

following the employee’s bereavement, as the case may be, should be considered as the

qualifying day for holiday purposes.

Q-5: Would an employee be entitled to bereavement leave in connection with the death of a

half-brother or half-sister, stepbrother of stepsister, stepparents or stepchildren?

A-5: Yes as to half-brother or half-sister, no as to stepbrother or stepsister, stepparents or

stepchildren. However, the rule is applicable to a family relationship covered by the rule

through the legal adoption process.

this agreement.

NOTE: This agreement is not intended to modify or replace “By-Pass’ or

“Companion” Agreements.

This agreement is not intended to modify or replace Carrier policies

pertaining to discipline; except that to the extent this agreement may

conflict with a Carrier policy, this agreement shall govern.

2. Locomotive engineers will not be disciplined without first being given a fair and impartial

investigation except as provided below. They may, however, be held out of service pending

investigation, but it is not intended that an engineer be held out of service for minor offenses.

3. Within 10 days of the time the appropriate company officer knew or should have known of an

alleged offense, the engineer will be given written notice of the specific charges against him or her.

The notice will state the time and place of the investigation and will be furnished sufficiently in

advance to allow the engineer the opportunity to arrange for representation by a BLE

representative(s) (the BLE Local Chairman or other elected BLE Officers) and witnesses. The notice

will propose discipline to be assessed if investigation is waived and designate a carrier officer who

may be contacted for the purpose of arranging for an informal conference on the matter. A copy of

the notice will be furnished to the BLE Local Chairman.

4. Prior to the investigation, the engineer (and the BLE representative if desired by the engineer)

may contact the designated carrier officer and arrange for an informal conference to discuss the

alleged offense and proposed discipline. Such informal conference may be either in person or by

telephone.

(a) If such informal conference results in the proposed discipline being dropped, no further

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action will be taken.

(b) If such informal conference results in proposed discipline being accepted by the engineer and

the investigation being waived, the engineer’s record will be updated accordingly.

(c) If such informal conference does not result in either (a) or (b) above or no informal

conference takes place, the discipline imposed as a result of a hearing may not exceed that

proposed in the notice of charges.

5. Unless postponed for good cause, the investigation will be held no later than 10 days after the

date of the notice.

6. When practicable, the investigation will be held at the engineer’s home terminal. When that is

not practicable, the investigation will be held at a location which will minimize the travel,

inconvenience and loss of time for all employees involved. When an engineer is required to travel to

an investigation at other than his or her home terminal, the engineer will be reimbursed for actual,

reasonable and necessary expenses incurred.

7. Where request is made sufficiently in advance and it is practicable, the engineer and/or the

BLE representative will be allowed to examine material or exhibits to be presented in evidence prior

to the investigation. At the investigation, the engineer and/or the BLE representative will be afforded

the opportunity to examine or cross examine all witnesses. Such examination will extend to all

matters under investigation.

8. The investigation will be recorded and transcribed. Copies of transcript will be furnished to

the engineer and the BLE Local Chairman no later than the date discipline is issued. If the accuracy

of the transcript is questioned and the investigation was electronically recorded, the tapes shall be

examined and, if necessary, the transcript will be corrected.

NOTE: Reference applicable Side Letter contained in Appendix 60.

9. A written decision will be issued no later than 10 days after completion of the hearing. The

notice will be sent by US Mail to the last known address of the engineer and to the BLE Local

Chairman.

10. If the Superintendent fails to issue a decision within such 10 day time limit or if the engineer

is found not at fault, the engineer will be paid for any time lost and the engineer record will be cleared

of the discipline at issue.

11. If the engineer is not satisfied with the decision, the BLE General Chairman may appeal to

the designated Labor Relations officer within 60 days from the date of the Superintendent’s decision.

NOTE: Reference applicable Side Letter contained in Appendix 60.

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12. The Labor Relations officer will respond to the appeal within 60 days from the date of the

BLE General Chairman’s appeal. If the Labor Relations officer fails to respond within 60 days the

engineer will be paid for any time lost and the engineer’s record will be cleared of the discipline at

issue.

13. If the engineer is dissatisfied with the decision of Labor Relations, proceedings for final

disposition of the case under the Railway Labor Act must be instituted by the engineer or his or her

duly authorized representative within one year of the date of that decision or the case will be

considered closed and the discipline will stand as issued, unless the time limit is extended by mutual

agreement.

14. If a dispute arises concerning the timeliness of a notice or decision, the postmark on the

envelope containing such document shall be deemed to be the date of such notice or decision.

15. Engineers attending an investigation as witnesses at the direction of the carrier will be

compensated for all time lost and, in addition, will be reimbursed for actual, reasonable and necessary

expenses incurred. When no time is lost, witnesses will be paid for actual time attending the

investigation with a minimum of two hours, to be paid at the rate of the last service performed.

16. The engineer being investigated or the BLE representative may request the Carrier to direct a

witness to attend an investigation, provided sufficient advance notice is given as well as a description

of the testimony the witness would be expected to provide. If the Carrier declines to call the witness

and the witness attends at the request of the engineer or BLE and provides relevant testimony which

would not otherwise have been in the record the carrier will compensate the witness as if it had

directed the witness to attend.

17. If, by operation of this agreement or as the result of an arbitration decision the Carrier is

required to pay an engineer who has been disciplined for time lost, the amount due shall be based on

the average daily earnings of the engineer for the 12 month period (beginning with the first full

month) prior to removal from service. The sum of the claimant’s earnings during such period shall be

divided by 365 to arrive at the average daily earnings to be applied in determining the amount of lost

wages based on the number of days of discipline.

NOTE: The twelve (12) month period utilized in determining the employee’s

average daily earnings will not include any month(s) in which the

employee experienced unusually low earnings due to circumstances

beyond his/her control, such as personal injury, documented major

illness, of the employee or a family member, etc. It is not the intent of

this NOTE, however, to exclude those months in which the employee

lays off on his/her own accord. It is intended the twelve (12) month

period utilized will reflect the engineer’s normal work habits and history.

Example: An engineer was dismissed in October for an alleged rules

violation. Pursuant to an arbitration award, the engineer is

reinstated and awarded time lost (back pay). Six months prior to

his/her dismissal, said engineer was off (medical leave) for two (2)

months (March and April) due to a documented major illness, such

as a heart attack.

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Calculation of the employee’s average daily earnings for the preceding twelve (12) months will

commence with September and will incorporate the prior fourteen (14) months; including September

(March and April are excluded due to the employee having no earnings in those months due to the

medical condition).

(b) (1) An engineer will not be dismissed because of previous unsatisfactory record after

having been in the service ninety (90) days, unless subsequent to that time it should develop

he/she gave false information on his/her application for employment, in which event he/she

will not be dismissed without formal hearing, if he/she requests same.

(2) An engineer who has been out of the service for more than one year for reasons other

than an authorized leave of absence will not be reinstated to service with his/her former

seniority rights without approval of the General Chairman. This will not apply to dismissal

cases being progressed in accordance with Rule 131 for reinstatement at the expiration of the

one year period.

(3) Dismissed engineers who are reinstated, without restriction will be granted free

exercise of seniority rights, subject to such limitations as are provided in the rules of this

agreement.

An engineer whose employment is terminated after having been in engine service thirty (30) days or more

will, upon written request, be promptly furnished a service letter which he/she must sign before it is

delivered to him or her. Federal and/or State laws will govern as to the form and information to be shown

in service letters.

RULE 125. VISION AND HEARING -- FIELD TEST.

Where an indoor test discloses deficiency of vision, color perception or hearing, an engineer will, on

request, be granted a field test, the result of which will govern his/her qualification. In case of failure to

pass the test when examined without glasses, and further examination shows that with glasses, the test can

be met satisfactorily, the acceptance of the engineer examined will be optional.

change of occupation on that account, he or she or the General Chairman in his or her behalf may discuss

the case with the designated Carrier officer who will order a review of the report of the examining

physician and, where necessary, refer additional examination by an appropriate specialist at the direction

of Carrier’s Medical Department.

(b) The designated Carrier officer will on request arrange for a joint conference with the General

Chairman and examining physician or specialist. The engineer will attend for personal observation if

desired. If the designated Carrier officer decides that the engineer cannot be continued in service safely,

the engineer or chairman will be so advised.

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(c) If the engineer or chairman is not satisfied with the decision, the designated Carrier officer will,

on request, arrange for examination of the engineer by a special medical board in accordance with a

written agreement which will provide that –

1. The Medical Board shall be comprised of three (3) physicians, graduates of a Class A

medical school, of at least five (5) years medical practice, and good professional reputation in the

community. The Company will select one member, the engineer will select one member, and the

two thus selected will select a third member to be agreed upon by them.

2. The engineer shall submit himself or herself to this Board for physical examination.

3. The Medical Board will render a joint report of their findings and decision within fifteen

(15) days after examination of the engineer. One copy of the report will be transmitted to the

General Chairman and one copy to the engineer.

4. The findings of the Board as to physical qualifications will be limited to a determination

of whether the engineer is qualified to meet the physical requirements of the Company for

employes of his or her occupation as prescribed in currently effective rules and instructions of the

Operating Department governing the physical qualification of engineers.

5. The findings and decision of a majority of this Board shall be final and binding upon the

Company and the engineer; and the engineer shall not be considered eligible for employment by

the Company unless a majority of the Board shall have rendered decision declaring him or her

physically qualified under the physical qualification rules of the Company.

6. Where claim is made for reimbursement of engineer for time lost, the board will, in cases

where the contention of the engineers is sustained, indicate date as of which, in its opinion, the

engineer has recovered sufficiently to resume work in his or her regular occupation and the

engineer will be reimbursed for time lost from that date.

7. The company and the engineer will each pay the fee and personal expenses of their respective

representatives on the board, and will each pay half the fee and personal expenses of the

third member as well as half of all additional expense incurred by the board in connection with

the examination.

(d) No compensation will be paid or claim presented for time lost in taking periodical physical

examinations or additional scheduled examinations as may be prescribed in connection with physical

deficiencies requiring observation or treatment between the usual periodical examinations, but employe's

required to submit to physical examination other than periodical examinations or scheduled examinations

as above described will be reimbursed for time lost, if any, and, if examination is conducted on lay-over

day, they will be paid a minimum day at the rate of the service in which they were engaged at the time

they were required to take the examination. Periodical examinations, will be conducted at nearest point a

qualified doctor designated by Carrier’s Medical Department is available.

RULE 127. QUALIFICATION -- TYPES OF LOCOMOTIVES.

(a) An engineer who is not qualified for a particular type of locomotive or train or the operation

thereof will nevertheless be called in his or her turn and will be accompanied by the Manager of

Operating Practices (MOP) if available, or a qualified engineer selected by the company.

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(b) An unqualified regular or extra engineer not called in his/her turn at home terminal in accordance

with this section will be paid what he or she would have received for the service trip and will be placed at

the foot of the board when the engineer who was used on the trip returns to the home terminal. If an

unqualified engineer is not called in turn at far terminal he or she will be allowed one-hundred (100) miles

and stand first-out.

(c) The engineer selected by the company as instructor will be allowed the compensation received by

the engineer he or she is instructing, but will receive not less than he or she would have earned had he or

she continued working on his or her regular assignment. When used off the district to which he or she is

assigned, actual expense incurred will be allowed. The engineer instructor may be selected without regard

to seniority or standing on the board and no claim will be presented or considered from other engineers

because of such selection. The engineer instructor will not act in the capacity of a Manager of Operating

Practices (MOP) in the qualifying of engineers.

The parties recognize that several factors including FRA licensing, new technology, rules exams, fuel

conservation, etc., have created a need for more expanded training programs. Due to the ebb and flow of

training opportunities and the benefits that arise from the use of peer training, the parties agree that the

Carrier may supplement its training program with peer trainers as follows:

1. The Carrier may develop a pool of peer trainers in two classifications called (1) classroom peer

trainers and (2) field peer trainers. An employee may be qualified as both a classroom and field

peer trainer.

2. The Carrier may post notices for a seven (7) day period advertising a specific number of

classroom and/or field peer trainer positions. It is anticipated that the positions will be established

at major home terminals but the parties recognize that trainers may be sent to smaller terminals to

assist in training. Trainers may also travel to other major home terminals to train new trainers.

The positions will be for a one period and then rebulletined,

NOTE 1: Peer trainers who are working as such at the end of the one year period will finish

their assignment but will not begin a new peer training assignment unless

selected for a new one-year period.

NOTE 2: At terminals where more than one seniority district works, i.e. Salt Lake City, it

is not necessary to have trainers from each seniority district. A trainer may train

engineers from multiple seniority districts.

NOTE 3: Engineers holding seniority at a given location will be used as trainers unless

business levels are such that it would create a shortage or continue a shortage of

engineers at that location. In these instances, trainers from an area of surplus may

be used. In Notes 2 and 3, field rides will only be given after a peer trainer is

familiar with the territory.

3. (a) The Local Chairmen will collect the applications and review them with the designated

Carrier Officer. If the list of applicants is equal to or greater than twice the number of positions

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posted, the two parties will then eliminate one name each on an alternating basis (Local Chairmen

first) until the number remaining equal the number of trainer positions posted.

(b) If the number of applicants is less than twice the number, the Local Chairman and Carrier

Officer may accept the list as is to make their selections or they may add to the list (Carrier

Officer first) until twice the number of engineers are on the list. The parties will then finalize the

list per (a) above.

(c) The engineers selected will be designated as Trainers subject to the terms and conditions

of this agreement.

NOTE 1: The non-selection of an engineer as a trainer does not reflect on the ability of an

engineer to handle a train but recognizes that trainer skills are different skills.

NOTE 2: Should the Local Chairmen not produce a list of applicants and/or proposed

trainers, then the General Chairman will do so in a timely manner.

4. (a) Peer trainers may be used for any training needs for engineers or the public such as but

not limited to:

(1) Rules exams.

(2) Check rides – pre-certification, familiarization and others.

(3) Red Block.

(4) Operation Life Saver.

(5) New equipment including distributive power.

(6) Simulator.

(7) Pilot service – terminal and road familiarization in connection with mergers,

trackage rights, new ID runs, etc.

(b) Classroom peer trainers will be primarily used in classroom settings, including rules

exams, Red Block, Operation Life Saver, etc.

(c) Field peer trainers will be primarily used in the field including check rides, hostler

training, new equipment, simulators, pilot service, etc.

(d) Employees designated as both classroom and field peer trainers may be used in either

capacity. The two classifications of trainers are meant as guidelines and it is recognized that

work in each area will overlap and claims will not be filed because of any overlap.

5. The Carrier may require additional training for peer trainers designed to enhance their ability to

perform peer training duties. When sent to another location for additional training or to train

others, they will be reimbursed for actual travel expenses as arranged by the Carrier. Employees

who receive permission to drive their own automobile will be reimbursed at the then current

mileage rate. Employees must turn in expense account forms showing actual travel and meal

expenses and receipts where required by Carrier policy.

6. When a training need arises, the Carrier will select a peer trainer(s) from the pool of trainers and

assign the trainer(s) to the assignment. If the assignment is anticipated to be 30 days or less, the

vacancy, caused by the trainer leaving their regular assignment, will be treated as a temporary

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vacancy under existing rules. If it is anticipated that the vacancy will be for 31 days or longer,

then as a permanent vacancy under existing rules.

7. Peer trainers shall be paid as follows:

(a) Trainers who work in a classroom or simulator setting shall be paid $230 per day.

(b) Trainers who work in the field (on moving locomotive units) will be paid the greater of

$230 per day or one hundred fifteen (115) percent of their prior years’ earnings used to determine

their 1/52 vacation pay. The percentage amount shall be divided by 365 and a daily rate shall be

established.

(c) The rate ($230 or 115%) shall be paid for each day the trainer is withheld from their

regular assignment due to their training assignment. The payment, either the percentage amount

or the minimum amount shall be for all services rendered and no other payment, overtime or

arbitrary of any kind shall be paid.

Example 1: The trainer, working in pool freight service, is notified to teach rules exams the

following week beginning on Monday. If his/her pool turn normally would arrive back in town

no later than Saturday at 11:59 p.m., he/she will work the turn and begin training Monday

through Friday and be paid five days at $230 per day. If his/her pool turn leaves on Friday (the

last day of training) and returns on Saturday, then he/she will receive another day’s pay for

Saturday. If the original pool turn does not leave until the Saturday before the training begins,

the trainer will be paid two additional days at $230 for the Saturday/Sunday missed days of the

regular turn.

Example 2: The rate using the percentage factor is $265 per day. A trainer is used to work

with an engineer on distributed power between two terminals. The trainer is used on Monday to

the far terminal and Tuesday back, the same days his/her regular assignment worked. The

trainer is paid $265 per day.

(d) Any engineer working as a trainer will be treated as occupying the highest rated position

available for purposes of computing any applicable protection.

(e) It is understood that all time spent serving in any program addressed by this Agreement is

considered the same as marked up and available for guarantee purposes. Such time will also be

considered as compensated service for the purpose of calculating vacation qualification and

vacation earnings.

the following items of work in connection with their own assignments without additional compensation:

“ Use communication devices; copy and handle train orders, clearances

and/or other messages.”

(b) It is recognized that the use of radios/telephones or comparable equipment is part of the

engineer’s duties. However, his or her duties and responsibilities shall be pursuant to the operating rules,

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orders and special or other written instructions of the Carrier.

(c) It is further agreed that the Carrier shall require strict compliance by other Carrier personnel or

employes involved in the use of radio/telephone equipment, with the operating and safety rules of the

Carrier and any applicable Federal and State regulations.

RULE 131. TIME LIMIT ON CLAIMS AND GRIEVANCES. (1996 System Agreement –

Attachment (b))

In an effort to provide a method for a condensed and more expedited process of handling time claims, it is

agreed that all time claims after ratification of this Agreement shall be handled as follows:

1. All time claims must be presented in writing by or on behalf of the employee involved, to the

officer of the Company authorized to receive same, within sixty (60) days of the date of the

occurrence on which the claim is based.

2. Should any time claim be disallowed, the Carrier, within sixty (60) days from the date same was

filed, must notify the employee or his/her representative in writing of the reason(s) for such

disallowance.

3. If a disallowed claim is to be appealed on behalf of the employee, such appeal must be in writing

within sixty (60) days from receipt of the notice of disallowance.

4. Within sixty (60) days of the date of the appeal, the highest Labor Relations Officer authorized to

handle such claim must notify the employee’s representative in writing of his/her decision to

reject this appeal.

5. Within one-hundred (180) days of the date of the rejection of the appeal, the BLE’s highest

designated officer to handle such claims must list this claim, in writing, for conference with

Labor Relations.

6. Within sixty (60) days of the Time Claim Conference, Labor Relations must send a final rejection

letter of such claim to the B.L.E. highest designated officer to handle such claim.

7. Within one-hundred (180) days of the date of the final rejection letter after Conference, the

highest B.L.E. officer designated to handle such time claims must list the claim before a tribunal

having jurisdiction pursuant to the law or agreement.

8. If either party fails to comply with a time limit contained in this agreement, the claim shall be

allowed (if the carrier’s failure) or withdrawn (if the organization’s failure). Claims so disposed

of shall not be considered as a precedent or a waiver of the contentions of either party as to other

similar claims.

9. All rights of the Claimant involved in continuing alleged violations of the Agreement shall, under

this rule, be fully protected by continuing to file a claim for each occurrence (or tour of duty).

10. This rule recognizes the right of the representatives of the Organization party hereto to file and

prosecute claims for and on behalf of the employees they represent.

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NOTE 1: It is understood the time limits set forth in this Rule may be extended by mutual

agreement of the parties.

NOTE 2: The use of the term “in writing” in this Rule includes the use of electronic or

computer delivery or transmission methods.

NOTE 3: The parties agree all claims submitted prior to the effective date of this Rule will

continue to be handled in accordance with applicable rules or procedures

previously in effect. All claims submitted on or after the effective date of this

Rule will be handled in accordance with this Rule.

What does the term “list the claim” in Section 7 mean?

In “list the claim”, the Organization must either docket the claim to a Public Law Board in

accordance with applicable National Mediation Board rules and procedures or file an ex parte

notice of intent with the First Division, NRAB.

Does this rule apply to claims under Labor Protective conditions?

Yes, unless the labor protective conditions provide for different time limits or procedures.

shortage is not due to negligence in rendering time return.

(b) Upon written request from an individual employe to the Carrier’s Timekeeping Bureau, payroll

vouchers will be sent directly by U. S. Mail to the address given by the employe and incorporated in such

request.

NOTE: For employees who utilize electronic direct deposit, the Carrier will use that

method for issuing vouchers.

will represent all locomotive engineers in the making of contracts, rates, rules, working agreements and

interpretations thereof.

(b) All controversies affecting locomotive engineers will be handled in accordance with the

interpretation of the Engineers’ contract as agreed upon between the Committee of the Brotherhood of

Locomotive Engineers and Trainman and the Director Labor Relations.

(c) In matters pertaining to discipline, or other questions not affecting changes in Engineer’s

contract, the officials of the Company reserve the right to meet any of their employes either individually

or collectively.

This Agreement will be effective January 1, 2008 and shall continue in effect until it is changed as

provided herein, or under the provisions of the Railway Labor Act.

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Should either of the parties to this Agreement desire to revise these rules, thirty (30) days written advance

notice containing the proposed changes shall be given and conference shall be held immediately upon the

expiration of said notice unless another date is mutually agreed upon.

It is understood and agreed that should any of the provisions of this Agreement be found to be in conflict

with any Federal legislation or any superior state or municipal legislation, such provision shall be void,

and that any other modification or interpretation shall be of no force nor effect unless concurred in by the

signatories hereto.

It is understood that where rules or portions thereof contained in previous Schedules of Agreements that

have been placed under a different heading in this Agreement, or where rules or portions thereof are

changed for purposes of clarity only, such change shall not be construed as a change in the interpretation

thereof.

Additional Agreements and Understandings not set forth in this Agreement, which are in effect as of

December 31, 2007 will remain in effect until changed or cancelled, as provided herein.

The parties’ recognize the applicability of the following National and System Agreements, the pertinent

parts of which are reproduced in the Appendix or incorporated in the preceding rules:

1. Agreement April 29, 1949

2. Agreement May 23, 1952

3. Agreement August 17, 1954

4. Agreement October 27, 1955

5. Agreement January 18, 1961

6. Agreement June 25, 1964

7. Agreement July 13, 1964

8. Agreement November 17, 1964

9. Agreement June 22, 1967

10. Agreement March 10, 1969

11. Agreement May 13, 1971

12. Agreement April 27, 1973

13. Agreement March 6, 1975

14. Agreement July 26, 1978 (MEDIATION CASE NO. A – 10224)

16. Agreement May 19, 1986 (AWARD OF ARBITRATION BOARD NO. 458)

17. Agreement July 29, 1991 (PUBLIC LAW 102-29/PEB NO. 219)

18. Agreement May 31, 1996 (NATIONAL AGREEMENT)

19. Agreement May 31, 1996 (SYSTEM AGREEMENT- Signed March 21, 1996)

20. Agreement December 16, 2003 (MEDIATION CASE NO. A-13252)

21. Agreement July 1, 2007 (MEDIATION CASE NO. A-13371)

It is understood that the following Agreements or Understandings which are reproduced in the Appendix

shall be continued in effect subject to termination or modification as provided therein:

1. DUES DEDUCTION - (EO 1553) ………………………………………………………………………….. 91

2. FIVE-DAY WORK WEEK – (IDE – 5544) …………………………………………………………………. 95

87

3. SWITCHING LIMITS ………………………………………………………………………………………… 99

Spokane - Trentwood

Albina – (LR 5 12-1-1)

Fischer

Pocatello

4. ROTARY POOL BOARD - SALT LAKE-POCATELLO - (Misc. Eng. 82(a) ) ………………………… .... 104

5. POOL FREIGHT - SALT LAKE OGDEN AND SALT LAKE - POCATELLO – (EO 1378) ……………… 106

6. CAB CONDITIONS SETTLEMENT ………………………………………………………………………… 109

7. OPERATING VACATION AGREEMENTS ………………………………………………………………… 117

8. COMBINED VACATION AGREEMENT AND SUPPLEMENTS - (EO 1369 EO 1377 IDF 5023) …… 131

9. SYNTHESIS HOLIDAY PAY ……………………………………………………………………………… 142

10. INTERDIVISIONAL AND/OR POOL FREIGHT SERVICE AGREEMENT………………………………… 148

PART A – UP Salt Lake City to Butte and Granger to Huntington (Idaho)

PART B – UP Northwestern District – Oregon Division (former Oregon)

PART C – UP Los Angles to Salt Lake (former South – Central)

PART D – Denver, Rio Grande and Western (former DRGW)

PART E – Southern Pacific Transportation Company (SP Western Lines)

PART F - UP Eastern District (UPED Agreement)

11. SUPPLEMENTAL UNDERSTANDINGS AND RULE MODIFICATIONS …………………………….. 235

12. RULE MODIFICATIONS - DEADHEADING …………………………………………………………….. 238

13. LETTERS OF UNDERSTANDING - INTERDIVISIONAL SERVICE DATED JUNE 29, 1972, MEAL

ALLOWANCES; JUNE 29, 1972 DILLON-BUTTE INTERDIVISIONAL SERVICE; AND JUNE 30,

1972 COMPUTING INITIAL TERMINAL DELAY, SHERMAN STREET, POCATELLO …………… 239

14. INTERDIVISIONAL SERVICE - SUPPLEMENTAL UNDERSTANDINGS …………………………… 249

15. PROTECTION OF EMPLOYES …………………………………………………………………………… 251

16. INTERDIVISIONAL SERVICE - SALT LAKE-GREEN RIVER AND SUPPLEMENTAL

UNDERSTANDINGS – (RLA-6--420) ……………………………………………………………………. 253

17. INTERDIVISIONAL SERVICE CONDITIONS - THROUGH FREIGHT SERVICE, SALT LAKE -

POCATELLO – (RLA-6--420) …………………………………………………………………………….. 259

18. FILLING TEMPORARY INTERDIVISIONAL SERVICE SALT LAKE-GREEN RIVER POOL AND

SALT LAKE- MONTPELIER POOL – (RLA-6-420) – (MISC. ENG. 8(A) – (EO-1378) ……………… 260

19. INTERDIVISIONAL SERVICE - SALT LAKE-MONTPELIER - (GEN. 32) …………………………… 262

20. INTERDIVISIONAL SERVICE - NAMPA-LAGRANDE AND MODIFICATIONS

(RLA-6-391-B) (RLA-6-400-B) (RLA-6-393-B) (RLA-6-420-B) …………………………………………. 264

21. EXTRA ENGINEERS WORKING AS HOSTLERS ………………………………………………………. 273

22. PROMOTION AND MODIFICATION G-2 RULE ESTABLISHING IDENTIFIED ZONES ……………. 274

23. UNDERSTANDING ON REDUCTION THROUGH FREIGHT POOLS –(EO 2131) ……………………. 277

24. FAMILIARIZATION - TRAINING BOARDS ……………………………………………………………... 278

HELPER, UTAH

PORTLAND ZONES 2 & 3 AND SALT LAKE CITY HUB

PORTLAND ZONE 1

25. AGREEMENTS OCTOBER 16, 1967; AND JANUARY 1, 1970 FILLING TEMPORARY VACANCIES,

SALT LAKE AND POCATELLO YARDS, AND TERRITORY PROTECTED BY POCATELLO

EXTRA BOARD –(EO 2319) ……………………………………………………………………………….. 281

26. DONATION OF PERSONAL LEAVE AND VACATION ……………………………………………….. 286

27. ROAD AND YARD VACANCIES - SALT LAKE CITY (EO 1300) ……………………………………. 290

88

28. INTENDED STRAIGHT-AWAY TRIP (THROUGH FREIGHT SERVICE) (RLA-6-420) ……………… 294

29. INTENDED STRAIGHT-AWAY TRIP (SALT LAKE CITY – POCATELLO) (E0 1378) ……………… 295

30. RELIEF AND STAGING SERVICE SALT LAKE HUB ……………………………………………….… 296

31. OUTSIDE POINT ASSIGNMENT – OREGON SECOND DISTRICT (OREGON FENCE RULE) ……. 301

32. TEMPORARY TRANSFER AGREEMENTS ……………………………………………………………… 308

33. DRIVING ALLOWANCE - MONTPELIER ENGINEERS ASSIGNED SODA SPRINGS LOCALS ……… 316

34. EBB AND FLOW AGREEMENTS ………………………………………………………………………… 317

35. MISSED CALL AGREEMENT ……………………………………………………………………………. 349

36. CLEAN SHIRT RULE ……………………………………………………………………………………… 350

37. ENGINEERS ACTING AS INSTRUCTORS QUALIFYING FIREMEN FOR PROMOTION ………….. 351

38. EXCHANGING TRAINS …………………………………………………………………………………… 354

39. MILEAGE ALLOWANCE FOR USE OF PERSONAL AUTOMOBILE DEADHEADING ON

COMPANY BUSINESS - (GEN. 9-E(A) …………………………………………………………………... 355

40. DIESEL ELECTRIC ROTARY SNOWPLOW - (EO-1830) (Cy EO-1845) (EO-1959) ……………………. 356

41. RUNAROUND ENROUTE AGREEMENT APRIL 16, 1959 – (EO 1777) ………………………………… 357

42. GOWAN FIELD - SCOVILLE BRANCH - POCATELLO AIR BASE- MOUNTAIN HOME AIR

BASE AND LEEFE SPUR – (BLE 1704) …………………………………………………………………. 359

43. UNION OFFICER HOLDING TURN FIRST-OUT ………………………………………………………… 365

44. ROAD SWITCHER AGREEMENTS – 1860.99 ……………………………………………………………. 367

45. GUARANTEED ENGINEERS’ EXTRA BOARD AGREEMENTS ………………………………………. 371

PORTLAND HUB ZONES 1, 2 AND 3

SALT LAKE HUB

AGREED TO QUESTIONS AND ANSWERS – REST DAY INCENTIVE

46. GUARANTEED ENGINEERS’ EXTRA BOARD AGREEMENT – CLARIFICATION AND

UNDERSTANDING - (calculating guarantee) ……………………………………………………………… 388

47. YARD ENGINEERS’ “MINI SHIFT” RULE ……………………………………………………………….. 393

48. TRADING TURNS …………………………………………………………………………………………... 395

49. ENGINEER USED AS CONDUCTOR – POOL FREIGHT SERVICE – LAS VEGAS …………………… 398

50. INSTRUCTION-EXAMINATION CLASSES – OPERATING RULES AGREEMENT ………………….. 402

51. RESERVE ENGINEERS AGREEMENT (RESERVE BOARD) …………………………………………… 408

52. YAHK AGREEMENT (SPOKANE – EASTPORT POOL FREIGHT SERVICE) ………………………..... 411

53. SALT LAKE CITY INTERMODAL FACILITY (SLCIF) AGREEMENT ……………………………….. 413

54. PORTLAND HUB ZONE 1 MERGER IMPLEMENTING AGREEMENT ………………………………. 418

55. PORTLAND HUB ZONES 2 AND 3 MERGER IMPLEMENTING AGREEMENT …………………….. 450

56. SPOKANE INTERNATIONAL RAILROAD COMPANY PORTLAND HUB ZONE 2 ………………… 485

57. SALT LAKE HUB MERGER IMPLEMENTING AGREEMENT ……………………………………….. 495

58. ENGINEERS GIVING UP ASSIGNMENT ……………………………………………………………….. 531

59. HELPER ASSIGNMENTS AT HELPER, UTAH …………………………………………………………. 532

60. 2000 ON PROPERTY NEGOTIATIONS – NOVEMBER 21, 2003 LETTERS OF UNDERSTANDING … 533

61. AUTOMATIC MARK-UP AND QUESTIONS AND ANSWERS ……………………………………….. 539

62. PERSONAL LEAVE DAY INTERPRETATION – AGREED TO QUESTIONS AND ANSWERS ……. 544

63. PREVENTION PROGRAM COMPANION AGREEMENT ……………………………………………… 552

64. NON-STANDARD START TIME – SALT LAKE CITY YARD ASSIGNMENT – YSC51........................... 554

65. OVERTIME TABLES ………………………………………….…………………………………………… 556

89

APPENDIX 1 .

between the

and the

The Brotherhood of Locomotive Engineers (hereinafter called the “Brotherhood”) has requested

that the Union Pacific Railroad Company (hereinafter called the “Carrier”) withhold and deduct from the

wages of such or its employes in the territory Salt Lake-Butte, Granger-Huntington, employed in engine

service (road and yard) who are members of the Brotherhood, periodic membership dues and insurance

premiums and to pay over to the Brotherhood the amounts so deducted and withheld.

IT IS AGREED:

Section 1. The Carrier shall, subject to the terms and conditions of this agreement, withhold

and deduct sums for uniform monthly membership dues and insurance premiums due the Brotherhood

from the wages due and payable to employes in engine service (road and yard) in the territory Salt Lake-

Butte, Granger-Huntington, who are members of the Brotherhood and who have so authorized the Carrier

by signed authorization, in the form set forth in Exhibit “A” attached hereto and made a part hereof. The

authorization shall, in accordance with its terms, be revocable in writing at any time after the expiration of

one year from the date of its execution, or upon the termination of this agreement, or upon the termination

of the rules and working conditions agreement between the parties hereto, whichever occurs sooner.

Revocation of authorization shall be on the form specified in Exhibit “B” attached hereto and made a part

hereof, and both the authorization and revocation of authorization and revocation of authorization forms

shall be reproduced and furnished as necessary by the Brotherhood without cost to the Carrier.

The Brotherhood shall assume the full responsibility for the procurement and proper execution of

said forms by employes and for the delivery of said forms to the Carrier. Revocation of authorization

deduction is to become effective.

Section 2. The Treasurer of the Local Lodge of which the employe is a member shall furnish to

name of each member, the aggregate amount of current monthly dues and insurance premiums for each

member who has signed the authorization form herein referred to, and which signed authorization has

been filed with the Carrier or attached to the afore mentioned list.

Section 3. Deductions will be made from the wages earned in the last period of the month in

which the aforementioned certified statement is furnished to the Carrier. The following payroll deductions

will have priority over deductions in favor of the Brotherhood as covered by this agreement:

(a) Federal, State and Municipal taxes and other deductions required by law, including garnishment

and attachments and any other prior liens which the Carrier must respect.

(b) Amounts due the Carrier.

91

(c) Union Pacific Railroad Employes Hospital Association.

If the earnings of the employe are insufficient, after all prior deductions have been made, to remit the

full amount of deductions authorized by an employe hereunder, no deduction for dues and insurance

premium on behalf of the Brotherhood shall be made by the Carrier and the Carrier shall not be

responsible for such collection.

Deductions made hereunder shall be made only on the regular payroll. No deductions shall be made

from special payrolls or from time vouchers. Responsibility of the Carrier under this agreement shall be

limited to remitting to the Brotherhood amounts actually deducted from the wages of employes pursuant

to this agreement and the Carrier shall not be responsible financially or otherwise for failure to make

deductions or for making improper or inaccurate deductions. Any question arising as to the correctness of

the amount deducted shall be handled between the employe involved and the Brotherhood, and any

complaints against the Carrier in connection therewith shall be handled by the Brotherhood on behalf of

the employe concerned. Nothing herein contained shall be construed as obligating the Carrier to collect

any dues or insurance premiums from employes who leave its service or whose wages shall be involved

in any claim or litigation of any nature whatsoever.

Section 4. The amounts deducted hereunder shall be remitted to the Treasurer of each Local Lodge

is made. The Carrier will at the time of such remission furnish the Treasurer of each Local Lodge with a

list of employes from whom deductions were made showing the amount of such deduction.

Section 5. No part of this agreement shall be used in any manner whatsoever either directly or

indirectly as a basis for a grievance or time claim by or in behalf of an employe; and no part of this or any

other agreement between the Carrier and the Brotherhood shall be used as a basis for a grievance or time

claim by or in behalf of any employe predicated upon any alleged violation of, or misapplication or

noncompliance with, any part of this agreement.

Section 6. Except for remitting to the Brotherhood monies deducted from the wages of employes,

the Brotherhood shall indemnify, defend and save harmless the Carrier from and against any and all

claims, demands, liability, losses or damage resulting from the entering into of this agreement or arising

or growing out of any dispute or litigation resulting from any deductions made by the Carrier from the

wages of its employes for or on behalf of the Brotherhood.

Section 7. This agreement is subject to the express agreement of the parties hereto to observe and

comply with the provisions of the applicable federal and state laws now in existence or enacted during the

term hereof, it being the intention of either party hereto to relieve the other party hereto from complying

with any provision of this agreement which may be in conflict with or violate any applicable state or

federal law now in existence or enacted during the term hereof.

Section 8. This agreement shall become effective June 1, 1959, and shall remain in effect until

altered, changed or cancelled in accordance with the Railway Labor Act, as amended.

(Signatures Omitted)

92

___________________________

_____________________________

EXHIBIT A

IBM CODE _________

WAGE ASSIGNMENT AUTHORIZATION

Union Pacific Railroad Company

Pocatello, Idaho

Name____________________________________________________________________

(Last) (First) (Middle Initial)

Division_____________________

Home Address________________________________Department__________________

(Street and Number)

Occupation___________________

(City or Town)

I hereby assign to the Brotherhood of Locomotive Engineers that part of my wages necessary to pay my

monthly membership dues in the Brotherhood of Locomotive Engineers, and insurance premiums for

insurance issued by the Brotherhood of Locomotive Engineers, as such dues and premiums are reported to

the Union Pacific Railroad Company by the Treasurer, Local Lodge No__________, Brotherhood of

Locomotive Engineers, or his/her successors, in monthly statements, certified by him/her, as provided

under the Check-Off Agreement entered into by and between the Organization and the Union Pacific

Railroad Company on________________ , 1958, and I hereby authorize the Union Pacific Railroad

Company to deduct from my wages all such sums and pay them over to such Treasurer, Local Lodge

No________, Brotherhood of Locomotive Engineers, in accordance with the said Check-Off Agreement.

This authorization may be revoked in writing by the undersigned after the expiration of one (1) year, or

upon the termination of the aforesaid Check-Off Agreement or upon the termination of the union

agreement between the Company and the Brotherhood, whichever occurs sooner.

____________ 20 ____, __________________________________________________

(Date) (Signature) (Lodge No.)

93

___________________________

____________________________________

EXHIBITB

IBM CODE______________

Union Pacific Railroad Company

Pocatello, Idaho

Name _______________________________________________________________________

(Last) (First) (Middle Initial)

Division ___________________

Home Address _________________________________Department _________________

(Street and Number)

Occupation _________________

(City or Town)

Effective___________________________ , I hereby revoke the Wage Assignment Authorization now in

effect assigning to the Brotherhood of Locomotive Engineers that part of my wages necessary to pay

monthly dues, and insurance premiums, now being withheld pursuant to the Check-Off Agreement

between the Brotherhood and the Union Pacific Railroad Company, and I hereby cancel the Authorization

now in effect authorizing the Union Pacific Railroad Company to deduct such monthly union dues and

insurance premiums from my wages.

_______________20____ , ___________________________________________

Date (Signature) (Lodge No.)

94

APPENDIX 2 .

between the

and the

In response to formal notice served upon the Carrier by the Brotherhood of Locomotive Engineers of their

desire to establish a work week of five (5) basic days in yard service, pursuant to the provisions of

Agreement “A”, Article 3, Five-Day Work week dated May 23, 1952,

IT IS AGREED:

Section 1. The Carrier will establish for engineers in yard service, a work week of five (5) basic

days. Except as otherwise provided, the work week will consist of five (5) consecutive days with two (2)

days off in each seven (7).

Section 2. The term “work week” for regularly assigned employes shall mean a week beginning

on the first day on which the assignment is bulletined to work.

Section 3. (a) When service is required by a Carrier on days off of regular assignments, it may be

performed by other regular assignments, by regular relief assignments, by a combination of regular and

regular relief assignments, or by extra employes when not protected in the foregoing manner. (This does

not disturb rules or practices involving the use of emergency men or unassigned employes). Where

regular relief assignments are established, they shall, except as otherwise provided, have five (5)

consecutive days of work, designated days of service, and definite starting times on each shift within the

time periods specified in the starting time rules. They may on different days, however, have different

starting times within the periods specified in the starting time rules, and have different points for going on

and off duty which shall be the same as those of the employe or employes they are relieving.

(b) Where regular relief assignments cannot be established for five (5) consecutive days on the

same shift within the time periods specified in the starting time rules, as provided for in Section 3(a), such

assignments may be established for five (5) consecutive days with different starting times on different

shifts on different days, within the time periods specified in the starting time rules, and on different days

may have different points for going on and off duty which shall be the same as those of the employe or

employes they are relieving.

(c) After the starting times and days of service have been established for regular assignments,

changes therein may be made only in accordance with schedule or bulletin rules.

(d) Rules providing for assignments of crews “for a fixed period of time which shall be for the

same hours daily,” will be relaxed only to the extent provided in (a) and (b) of this Section 3.

95

(e) Except as otherwise provided for in this Section 3, regular relief assignments shall be

established in conformity with rules or practices in effect governing starting times and bulletining of

assignments and when so established may be changed thereafter only in accordance with schedule and

bulletin rules.

Section 4. (a) ACCUMULATION. Agreements may be made to provide for the accumulation

of days off over a period not to exceed five (5) consecutive weeks.

(b) DAYS OFF. In cases where day or days off is to be filled which cannot be

made a part of a regular assignment at an outlying or small yard and there are no extra men at the point,

by agreement between representatives of the Carrier and the Organization, such day or days may be filled

by using the regular men and be paid for at straight time rate.

(c) NON-CONSECUTIVE DAYS. If the representatives of the parties fail to agree

upon the establishment of non-consecutive days off at any point, the Carrier may nevertheless establish

non-consecutive days off subject to the right of the employes to process the dispute as a grievance or

claim under the rules agreement.

Section 5. REGULAR EMPLOYES. (a) Existing rules which relate to the payment of daily

overtime for regular assigned employes and practices thereunder are not changed hereby and shall be

understood to apply to regular assigned relief men, except that work performed by regular assigned relief

men on assignments which conform with the provisions of Section 3 of this rule shall be paid for at the

straight time rate.

(b) Regular assigned yard service employes worked as such more than five (5) straight-time

eight (8) hour shifts in a work week shall be paid one and one-half times the basic straight time rate for

such excess work, except:

1. As provided in Section 4(a) and (b);

2. When changing off where it is the practice to work alternately days and nights for certain

periods;

3. When working through two (2) shifts to change off;

4. Where exercising seniority rights from one assignment to another;

5. Where paid straight-time rates under existing rules or practices for a second tour of duty in

another grade or class of service.

In the event an additional day’s pay at the straight-time rate is paid to a regularly assigned

employe for other service performed or started during the course of his/her regular tour of duty, such

additional day will not be utilized in computing the five (5) straight-time eight (8) hour shifts referred to

in this paragraph (b) .

(c) There shall be no overtime on overtime; neither shall overtime hours paid for, nor time

paid for at straight-time rate for work referred to in paragraph (b) of this Section 5, be utilized in

computing the five (5) straight-time eight (8) hour shifts referred to in such paragraph (b) of this Section

5, nor shall time paid for in the nature of arbitraries or special allowances such as attending court,

inquests, investigations, examinations, deadheading, etc., be utilized for this purpose, except when such

payments apply during assigned working hours in lieu of pay for such hours. Existing rules or practices

96

regarding basis for payment of arbitraries or special allowances and similar rules are not affected by this

Agreement.

(d) Any tour of duty in road service shall not be considered in any way in connection with

the application of this Agreement, nor shall service under two (2) agreements be combined in

computations leading to overtime under the Five-Day Week.

Section 6. EXTRA EMPLOYES. (a) Existing rules which relate to the payment of daily

overtime for extra employes and practices thereunder are not changed hereby. Any shift in yard service in

excess of eleven (11) straight-time shifts in yard service in a semi-monthly period will be paid for at time

and one-half rate.

NOTE: It is recognized that the Carrier is entitled to have an extra

employe work eleven (11) straight-time shifts in yard service in

a semi-monthly period without regard to overtime shifts which

may be worked under provisions of the Agreement of August 11,

1948. After an extra man has worked eleven (11) straight-time

shifts in yard service in a semi-monthly period he/she will

remain on the extra board, but will not be used in yard service

during the remainder of that period if other extra men are

available who can work in such service at the straight-time rate.

(b) In the event an additional day’s pay at the straight-time rate is paid to an extra

employe for other service performed or started during the course of his/her tour of duty in

yard service, such additional day will not be utilized in computing the eleven (11) straight

time shifts referred to in paragraph (a) of this Section.

(c) The principles outlined in Section 5 (c) and (d) shall be applicable to extra employes in

the application of this Section 6.

Section 7. Notwithstanding the provisions of Section 6, any regularly assigned yard engineer

who, from any cause, has not worked five (5) straight-time eight (8) hour shifts in their established work

week shall be permitted, upon proper application, to work at the straight-time rate on one or both of their

assigned “days off” in preference to extra board engineers, provided a vacancy exists within fifteen (15)

days after loss of days in their established work week on which they can be used without interfering with

working of their regular assignment. Written application must be filed with Crew Dispatcher on the work

day immediately preceding their “days off” and such application must show the number of shifts worked

in their work week. This floating arrangement shall not be used by a regularly assigned yard engineer to

gain in excess of an average of five (5) straight time eight (8)-hour shifts in a work week within the

fifteen (15) day period, herein specified, nor will such engineer be permitted to work more than one shift

on any designated rest day, if other engineers are available.

NOTE: An engineer filing request to be used on a rest day for makeup of

time lost from previous work week, shall be placed on a separate

‘makeup time’ board in seniority order on date application is filed

and such engineer must be available for call to service on each of

such days off and shall be called in the order of their standing on

the ‘makeup time’ board. Missing a call to float on either of such

days off shall disqualify the applicant of the floating privilege on

either of such days off during the ‘makeup time’ for which

unavailable.

97

Section 8. Existing weekly or monthly guarantees in yard service producing more than five (5)

days per week shall be modified to provide for a guarantee of five (5) days per week. Nothing herein shall

be construed to create a guarantee where none now exists.

Section 9. (a) All regular or regular relief assignments shall be for five (5) consecutive calendar

days per week of not less than eight (8) consecutive hours per day, except as otherwise provided.

(b) An employe on a regular or regular relief assignment who takes another regular or regular

relief assignment, will take the conditions of that assignment, but if this results in the employe working

more than five (5) days in the period starting with the first day of his/her old work week and ending with

the last day of his/her new work week, such day or days will be paid at straight-time rate.

(c) A regularly assigned engineer in yard service who, under schedule rules, goes on an extra

board may work on a board for the remainder of the semi-monthly period, provided the combined days

worked in yard service on the regular assignment and an extra board do not exceed eleven (11)

straight-time days. The engineer will then be subject to the “note” under Section 6 of this rule.

(d) An employe who leaves an extra board for a regular or regular relief assignment will work

the days of his/her new assignment at straight-time rate, without regard to the number of days he/she may

have worked on an extra board.

(e) Except as provided in paragraphs (b), (c) and (d) of this Section, regular engineers will not be

permitted to work more than five (5) straight-time eight (8)-hour shifts in a work week, in yard service,

excluding the exceptions from the computations provided in Section 5, paragraphs (b) and (c).

(f) At outlying points or small yards, such as Boise and Twin Falls, where days off are to be

filled which cannot be made a part of a regular assignment, such days off will be filled by the senior

regular man working at the point who has made written request to protect the work and will be paid for

the service at straight-time rates. Extra men will have no claim because of using regular men under this

paragraph.

Section 10. Except as otherwise herein specifically provided, all provisions of Article 3 in

Agreement “A” (Five (5) Day Work Week) of the National Agreement of May 23, 1952, shall apply.

Section 11. This Agreement shall supersede, as of its effective date, all rules and regulations

which may be in conflict.

Section 12. This Agreement shall be effective October 1, 1978.

General Chairman

Director Labor Relations

98

APPENDIX 3 .

SWITCHING LIMITS (1971 National Agreement)

(a) Where an individual carrier not now having the right to change existing switching limits

where yard crews are employed, considers it advisable to change the same, it shall give notice in writing

to the General Chairman or General Chairmen of such intention, specifying the changes it proposes and

the conditions, if any, it proposes shall apply in event of such change. The carrier and the General

Chairman or General Chairmen shall, within 30 days, endeavor to negotiate an understanding.

In the event the carrier and the General Chairman or General Chairmen cannot so agree on the

matter, the dispute shall be submitted to arbitration as provided for in the Railway Labor Act, as amended,

within sixty days following the date of the last conference. The carrier shall designate the exact questions

or conditions it desires to submit to arbitration and the General Chairman or General Chairmen shall

designate the exact questions or conditions such General Chairman or General Chairmen desire to submit

to arbitration. Such questions or conditions shall constitute the questions to be submitted to arbitration.

The decision of the Arbitration Board will be made within 30 days after the Board is created, unless the

parties agree at anytime upon an extension of this period. The award of the Board shall be final and

binding on the parties and shall become effective thereafter upon 7 days notice by the carrier.

(b) This rule shall in no way affect the changing of yard or switching limits at points where no

yard crews are employed.

(c) This rule shall become effective September 1, 1971, except on such carriers as may elect to

preserve existing rules or practices and so notify the authorized employee representatives on or before

August 1, 1971.

99

between

and

It is agreed:

1. The north switching limit at Spokane, Washington is extended to Mile Post 13.

2. Final terminal delay point at Spokane shall be moved northward and will be Mile Post 13 for

southbound trains.

3. This agreement does not extend terminal delay payments to any class of service not presently

receiving same.

4. The twenty (20) and twenty-five (25) mile limits for servicing customers, relieving trains

stopped because of the provisions of the Hours of Service Law, along with the 25 mile zone

pool crews may receive their trains on the far side of the terminal and run on through to the

scheduled terminal, will continue to be computed from the switching limits as they existed

prior to this agreement taking effect (Mile Post 8.25).

5. There shall be no change in road miles as a result of this agreement

until cancelled or modified under the provisions of the Railway Labor Act as amended.

Signed this 8th day of August, 2001.

T. J. Donnigan T. G. Taggart

General Chairman – BLE Director Labor Relations

100

BETWEEN THE

AND THE

LR 512-1-1

In order to provide better service to customers and perform switching tasks more efficiently

in the Albina Terminal, specifically on the Kenton and Graham Lines, it is agreed the switching limits at

Albina will be changed as follows:

1. The Eastern switching limits on both the Kenton and Graham Lines will be extended

East, past the point where the two lines join at the Troutdale Junction Switch, to Mile Post 17, which is

presently a point in the approximate middle of the Sandy Siding.

2. For purposes of applying Article VIII, Section 2 of the 1986 BLE and 1985 UTU

National Agreements, relating to disabled or Hours of Service trains, and providing service for customers

outside switching limits, the twenty (20) and twenty-five (25) mile distances will be measured from the

former switching limit on the Graham Line, which is at M.P. 12.25. Thus a yard crew under this

agreement will be allowed to bring in a disabled train from M.P. 37.25, and provide service to customers

out to M.P. 32.25. Yard crews will be able to perform work train and wreck service to M.P. 17, but not

beyond that point.

3. Pay for bringing in disabled or Hours of Service trains, i.e., actual time outside

switching limits with a minimum of one hour, will continue to be computed from the old switching limits

at M.P. 14.5 on the Kenton Line and M.P. 12.25 on the Graham Line. However, if the yard crew is

already working east of either of these two points, the time will be computed from the time they are

instructed to pick up the train until they resume their regular work within the switching limits, or pass

M.P. 14.5 or M.P. 12.25 with the disabled or dog caught train, whichever occurs first. Pursuant to

National Agreements of 1978, no additional compensation is provided to yard crews for providing service

to customers located outside of switching limits.

This agreement will become effective immediately upon full execution by all signatory

parties and will remain in effect until changed or terminated under the provisions of the Railway Labor

Act, as amended.

Dated at Salt Lake City Utah, this 7th day August, 1987.

(Signatures Omitted)

101

MEMORANDUM AGREEMENT

IT IS AGREED:

In the application of Article III of the May 13, 1971 BLE National Agreement, the following shall govern

at Nampa, Idaho:

Section 1. The Fischer Sugar Factory (an old industry located beyond the last new industry) may be

served by Nampa yardmen the same as any other new industry in this area during the period March 1

through September 30 of each year, provided that during the time this industry is being served by yard

crews as herein provided, any service performed by road crews will be compensable under the provisions

of Rule 38 of the Basic Schedule Agreement.

Section 2. This Agreement shall be effective March 1, 1974, and continue in effect thereafter subject to

the condition that it shall automatically terminate and be of no further force nor effect thirty (30) days

after written notice is served by either party upon the other of their desire to so terminate. In the event of

termination, as herein provided, rules and practices in effect on February 28, 1974, shall be restored in

their entirety.

Dated at Salt Lake City, Utah, this 19th day of March, 1974.

General Chairman

Director Labor Relations

102

between the

and the

* * * *

In connection with the expansion eastward of the Pocatello yard, it is agreed as follows:

1. That the established boundary line of the switching district is extended eastward to Mile Post

210.75.

2. That road time will end and final terminal time will begin on incoming westbound freight trains

when the trains reach designated switch at Mile Post 211.33, located at the eastward end of the

departure yard, or first stop inside the switching district as established by this agreement.

3. That in the computation of road mileage the mileage presently in use for the several subdivisions

is not to be changed.

4. This agreement is effective August 1, 1947, and shall continue in effect until changed in

accordance with the provisions of the Railway Labor Act.

General Manager

GeneralChairm an

GeneralChairm an

GeneralChairm an

GeneralChairm an

103

between the

and the

The agreement effective May 1, 1940, establishing a rotary pool board for engineers at Salt Lake City

contemplates that pool freight service and extra passenger service shall be protected by engineers holding

a turn on this board except for the first trip on a vacant passenger run when there is a regularly assigned

freight engineer available who is senior to the first-out engineer on the rotary pool board, he/she will be

used. It is requested by the General Committee of the Brotherhood of Locomotive Engineers that the

rotary pool board agreement effective May 1, 1940, be amended to the extent that in all cases the first trip

on vacant passenger runs out of Salt Lake will be manned by the first-out qualified engineer from the

rotary pool board. Accordingly, it is agreed:

1. Engineers holding a regular turn on the rotary pool board shall protect pool freight and extra passenger

service between Salt Lake and Pocatello and shall work first-in first-out, the arriving time to govern in

accordance with established regulations.

2. In all cases the first trip on vacant passenger runs out of Salt Lake will be manned by the first-out

qualified engineer from the rotary pool board. Should the vacancy exist for more than one trip, the senior

assigned engineer on the Salt Lake-Pocatello district with home terminal at Salt Lake making a written

application therefore will be given the run.

If the vacancy exists for more than six days the senior engineer working in the territory Salt Lake to

Pocatello having a written application on file with crew management at the expiration of the six-day

period will be given the run. If no written applications are on file as provided herein the rotary pool board

will continue to protect the vacancy.

3. Engineers on the rotary pool board used into Pocatello in extra passenger service will not be placed in

pool freight service at Pocatello except to avoid a light movement to that point to protect such service.

Otherwise, they will be returned to Salt Lake in passenger service deadheaded, doubleheaded, or run

light. If used in pool freight service they will be given their turn out of Pocatello as per arrival. (See Rule

15).

4. Vacant turns will be protected from the regular extra board. Where the extra board is exhausted, such

vacant turns shall be filled as provided in Section 10 of the agreement of July 13, 1955, reproduced on

pages 111 to 113 of the schedule agreement (Appendix 5 of this Schedule Agreement) and authoritative

amendments and interpretations thereof. Where a vacant turn stands to fill a vacancy on a regular

passenger assignment or in extra passenger service, the next qualified engineer on the rotary pool board

shall be used and upon completion of trip such engineer shall be placed at the foot of the pool board upon

104

his/her arrival.

5. Should the engineer first out on the rotary pool board fail to avail himself for a call for pool freight

service, an engineer from the regular extra board will be used. If there are no extra engineers available the

turn of the rotary pool board engineer will hold its first-out turn for a period of 24 hours and shall be filled

from the regular extra board if an extra engineer becomes available during that period and the rotary pool

board engineer will lose his/her turn and not be marked up on the rotary pool board until the extra

engineer returns to Salt Lake. If, however, there are no extra engineers available during the 24-hour

period, the rotary pool board engineer will be placed at the foot of the rotary pool board.

6. Should an engineer holding a turn on the rotary pool board fail to avail himself for a call for passenger

service as provided in Section 4 hereof, he/she will be placed at the foot of the rotary pool board at the

time the call is missed.

7. The number of engineers to be assigned to the rotary pool board will be governed by the provisions of

the mileage regulations, Article 48 (now Rule 116), applicable to assigned or pool freight service, and the

passenger miles made by the rotary pool board engineers will be converted to freight miles on the basis of

100 miles passenger being equivalent to 75 miles freight.

8. This agreement shall be effective April 1, 1953, and will automatically terminate upon ten days’

written notice served by either party upon the other.

General Chairman Assistant to Vice President

(Sec. 4 amended eff. Mar. 19, 1964)

(Sec. 5 amended eff. Sept. 13, 1954)

105

between the

and the

and

RECITALS OMITTED

IT IS AGREED:

1. Effective with this agreement, two separate pools of freight engine crews will be established, one

to handle irregular and unassigned turnaround freight service, the other to handle straightaway freight

service.

2. Regularly assigned engineers and firemen in the turnaround pool shall work independently of

regularly assigned engineers and firemen in the straight-away pool, and the regulation of the number of

crews in each pool shall be adjusted independently for each pool under current mileage regulations.

3. The establishment of the freight pools, per Sections l and 2 hereof, shall not operate to restrict the

work which either pool may perform between Salt Lake City and Pocatello.

4. Regularly assigned engineers and firemen in the turnaround pool and in the straight-away pool

may handle, pick up and/or set out traffic originating at, destined to and/or moving through or beyond

Ogden without restriction.

5. Pool freight crews operating in the straight-away pool and having the same objective terminal,

who are run around en route between terminals, will take their turn upon arrival at the objective terminal

in the same relative position as they stood at the initial terminal, subject to the following conditions:

(a) Pool freight crews in irregular or unassigned freight service who are run around en route

between terminals, and crews who run around them shall make notation on the register at the

objective terminal of the run around so that crew calling forces will have the necessary information

to determine the order in which crews are to be called.

(b) Pool freight crews deadheading on passenger trains, or being used in one-way passenger

service out of their away-from-home terminal, shall take their turn on the pool freight board in

accordance with their arrival regardless of any crews they may have run around en route.

106

(c) To be eligible for a call under this rule, engineers and firemen must be rested and

available for service at the on-duty time for the following trip, and if not available, will not retain

their standing at the opposite terminal.

6. Pool freight crews operating in the turnaround pool, who are run around en route between

terminals, will take their turn upon arrival at the objective terminal in the same relative position as they

stood at the initial terminal, subject to the conditions set forth in Subsections (a), (b) and (c) of Section 5.

7. Vacant turns for engineers and firemen in either of the two pools for freight crews will be

protected from the regular extra board, except that when a vacant turn for an engineer stands to fill a

vacancy on a regular passenger assignment or in extra passenger service, the next qualified engineer in

the pool of freight crews shall be used, subject to the provisions of Sections 4 and 5 of the Rotary Pool

Agreement, effective September 13, 1954, and Sections 8 and 9 of this agreement as these agreements

apply to employes in their respective grades of service.

8. Vacancies for an engineer on a regular passenger assignment or in extra passenger service

between Salt Lake City and Ogden, will be protected by engineers from the turnaround pool of freight

crews, and vacancies for an engineer on a regular passenger assignment or in extra passenger service

between Salt Lake City and Pocatello, will be protected by engineers from the straight-away pool of

freight crews, subject to the provisions of Sections 4 and 5 of the Rotary Pool Agreement, effective

September 13, 1954, between the Carrier and the Brotherhood of Locomotive Engineers.

9. Where there are no firemen on the extra board qualified or available to protect vacancies in

passenger service, the first-out qualified pool freight fireman in the turnaround pool will be used to

protect passenger service between Salt Lake City and Ogden, and the first-out qualified pool freight

fireman in the straight-away pool will be used to protect passenger service between Salt Lake City and

Pocatello.

10. Crews of the straight-away pool of freight crews may be used to protect irregular or unassigned

freight service between Salt Lake City and Ogden, and crews of the turnaround pool of freight crews may

be used to protect irregular or unassigned freight service between Salt Lake City and Pocatello in

situations where the extra boards protecting such service are exhausted and/or where there are no crews

rested and available in their respective pools to protect the service awarded to them under this agreement.

The Company will not be penalized in any manner in the application of this agreement.

Section 10 of Agreement dated July 13, 1955, shown in the Appendix of the Engineers’ Schedule

Agreement on pages 111 to 113 inclusive, reads as follows:

“10. Crews of the straight-away pool of freight crews may be used to protect irregular or unassigned

freight service between Salt Lake City and Ogden, and crews of the turnaround pool of freight crews may

be used to protect irregular or unassigned freight service between Salt Lake City and Pocatello in

situations where the extra boards protecting such service are exhausted and/or where there are no crews

rested and available in their respective pools to protect the service awarded to them under this agreement.

The Company will not be penalized in any manner in the application of this agreement.”

107

--------------------------

In the application of Section 10 above quoted, it is agreed that when a vacancy develops in the straightaway

pool (Salt Lake City-Pocatello) and the engineers’ extra board is exhausted, the vacancy shall be

filled by the senior available demoted engineer assigned to the straight-away pool.

Likewise, when a vacancy develops in the turnaround pool (Salt Lake City-Ogden) and the engineers’

extra board is exhausted, the vacancy will be filled by the senior available demoted engineer assigned to

the turnaround pool. If a situation should develop where no demoted engineers are available in the

straight-away pool, the vacancy shall be filled by engineers of the turnaround pool as provided in Section

10 above quoted and vice versa.

(Signatures Omitted)

11. Engineers and firemen holding assignments in one of the pool of freight crews under this

agreement will not be permitted to vacate such an assignment in one pool and take an assignment in the

other pool of freight crews, except to make a displacement in the exercise of seniority, or under the

provisions of Section (a) of Rule 112 of the BLF&E Agreement, and Section (b) of Rule 117 of the BLE

Agreement.

12. For the purpose of placing this agreement in effect the Local Chairmen and the Division

Superintendent or his/her representative shall agree upon the number of crews to be established initially in

each of the two pools, and all engineers and firemen in road service on the Salt Lake-Pocatello District

shall be given the opportunity to make written application to crew management for positions in either

pool, such applications to be made on or before July 25, 1955. Based upon written applications received,

employes shall be assigned on a seniority basis and notice posted showing the successful applicants. On

August 1, 1955 successful applicants shall be placed in the new pools based on seniority and availability.

13. This agreement shall be effective August 1, 1955, and thereafter, subject to the condition that it

shall automatically terminate and be of no further force or effect ten days after written notice of its desire

to so terminate is served by either party upon the other. Upon termination as herein provided, rules and

practices in effect as of July 31, 1955 shall be automatically restored.

(Signatures Omitted)

108

----------------------------------

Terms and conditions enumerated in the parties’ July 25, 2003 Cab Condition Settlement covering South

Central District, Oregon and Idaho claims. Article 2 deals with the handling of future claims involving

sanitary and other working conditions of locomotive cabs (cab conditions). Article XVII of the 1986

Award of Arbitration Board 458 superseded NMB A-10409 and contractually obligates the parties to

develop a reporting and handling process relating to cab sanitation before resorting to progressing penalty

claims. The attachment also contains BLE’s letter of dated December 17, 2003 detailing the dispute,

resolution thereof and the method used to distribute the settlement amount.

Mr. T. J. Donnigan

General Chairman, BLE

P. O. Box 609

Pocatello, ID 83204-0609

Dear Mr. Donnigan:

This document refers to our discussions on October 3, 2002, regarding our mutual desire to

resolve the backlog of outstanding claims submitted on or before January 1, 2003, covering the former

South Central District, Oregon and current Idaho cab condition claims as follows:

Miscellaneous x

Cab Conditions x x x

The parties agreed to resolve the following issues: outstanding time claims, appeals regarding

application, interpretation or alleged violation of, as well as other matters pertaining to, the BLE South

Central, Oregon and Idaho Collective Bargaining Agreements in an expeditious and equitable manner.

The parties accordingly agreed that the following terms will apply in full and final settlement of all such

claims and matter.

109

Except as set forth in Article 2, below, all time claims submitted, on or before January 1, 2003,

appealed by either an employee or BLE on behalf of an engineer holding seniority on the former South

Central, Oregon and Idaho Districts will be settled as follows:

A. The Carrier will pay a one-time lump sum payment totaling $130,000.00 in full and final

settlement of all time claims submitted by, or in behalf of, engineers holding seniority on

the former South Central, Oregon and Idaho Districts.

B. To qualify for a lump sum payment, an employee must satisfy all the following

conditions:

(1) The employee must be in active service as an engineer as of the date of this

agreement and be named as a Claimant of record on a time claim submitted or

appealed by the BLE on or before January 1, 2003.

Note (1): An employee who is dismissed and later reinstated to service will not

be considered as an eligible employee.

Note (2): An employee who is on a leave of absence due to having a working

status of "Company Officer" will not be eligible for this lump sum payment.

(2) The employee must have seniority as an engineer on the former South Central

District, Oregon or Idaho Division Seniority Rosters and be working as an

engineer as of the date of this agreement.

Note: An employee who held a seniority date on a former South Central, Oregon

or Idaho Engineer's Seniority Rosters, who accepted a voluntary separation

allowance from Union Pacific or who retired prior to this agreement will not be

considered as an eligible employee.

C. Amounts paid pursuant to this settlement will be subject to all applicable federal, state,

local and/or railroad retirement tax withholdings.

D. Payments made pursuant to this agreement will not be included in any existing or future

labor protection test period(s) averages. Likewise, said payments will not be incorporated

into the determination of any reserve board rates of pay, vacation compensation,

guarantees (including extra board guarantees), back pay, if applicable, or other similar

payments or protective benefits.

E. The payments made pursuant to this Article I will not be used to offset or reduce

guarantee or labor protection amounts, benefits due to eligible employees for the month

in which the payment is made.

(1) BLE will provide the Carrier a list of engineers showing the name, Social

Security Number and amount said employee is to be paid by no later than August

1, 2003.

110

(2) Carrier will review the list of names provided by the BLE to ensure each

engineer listed thereon satisfies the eligibility requirements set forth in Article I,

B, above.

(3) Carrier will make the appropriate payment to eligible engineers,

satisfying the eligibility criteria in a single lump sum payment within

ninety (90) days of Carrier's receipt of the list set forth in Article I,

Section E (1) above.

This agreement does not apply to outstanding discipline, medical or non-monetary claims such as

seniority disputes cases. This settlement will, however, cover all time claims contemplated by the table

above, filed on or before January 1, 2003.

NOTE: The parties discussed the handling of future claims with respect to sanitary and

other working conditions of locomotive cabs (engine standards). The parties agree that Article

XVII of the Award of Arbitration Board No. 458 superseded, in part, NMB A-10409, and placed

an obligation on the Carrier to assure that locomotives meet certain standards (e.g., lead

locomotive should have sanitary toilet facility). Article XVII also obligated the parties to jointly

develop a process for reporting and handling an alleged defect in locomotive cab conditions. In

addition, Article XVII placed an obligation on the employee as to the manner and method for

reporting the deficiency in a timely manner to a proper authority and thereafter to assist, without

additional compensation, in a method for correction of the deficiency. The establishment of

local level procedures evidenced by the outcome of the joint Carrier-BLE Locomotive Study

Task Force (LSTF) reflect the parties' commitment to a more proactive approach in dealing with

sanitary cab conditions as provided by Section 1 of Article XVII.

In addition to the procedures agreed to by the parties with regard to Article XVII, the

Federal Railroad Administration (FRA) has established servicing standards to ensure locomotives

are safe and sanitary. In its Final Rule effective June 3, 2002, the FRA has the ability to penalize

a Carrier for failure to meet its sanitation and servicing requirements with respect to the working

conditions of locomotive cabs. In connection therewith, the parties recognize the Carrier's

obligation to adhere to FRA standards in addressing concerns about safe and sanitary cab

conditions, and, the Organization's obligation to initiate and exhaust its efforts with respect

to the manner and method for timely reporting deficiencies to the proper Carrier authority. Prior

to filing time claims, the parties agree to work together to address any issues with regard to these

obligations.

This agreement is final and binding regarding all claims and disputes, as identified in the table

above, covered by this agreement. All claims covered by this agreement will be considered as settled and

accordingly barred from further handling under the former South Central, Oregon or Idaho BLE

Agreements and/or the Railway Labor Act.

Eligible employes entitled to receive a lump sum payment pursuant to the terms of this

Agreement who are eligible to receive, participate in, any other similar time claim settlement/resolution in

connection with his/her service in another craft, will have such payment offset (reduced) by the amount

111

----------------------------------

he/she is paid in connection with this settlement This offset arrangement will apply to any lump sum

payment, regardless of its amount.

If the foregoing accurately and properly reflects our understanding, please so indicate by affixing

your signature on the space provided below and return to this office within ten (10) days.

Sincerely,

General Director - Labor Relations

Director - Labor Relations

December 17, 2003

TO: Vice Chairmen }

} Western Region

Local Chairmen }

(cc: Mr. E. L. Pruitt - Vice President

Mr. D. W. Hannah - General Chairman, UPWL

Mr. D. W. Carroll - Local Chairman, Division 660)

FROM: Tim Donnigan

RE: LOCOMOTIVE CAB CONDITIONS - Settlement of Cab Condition Claims

Contemplated By Letter of Understanding Dated July 25,2003

With respect to the settlement of those outstanding cab condition claims contemplated by

Letter of Understanding dated July 25,2003, the following provides a brief overview of the

dispute, the impact of Articles X and XVII of the 1986 Award of Arbitration Board No.

458 (AA458) on NMB A-10409, the adoption of Federal Regulations establishing

locomotive cab sanitation standards and the obligation of local representatives with respect

to handling complaints from engineers with designated Carrier managers prior to escalating

a dispute involving time claims. Because AA458 is national in scope, reference to local

handling includes various levels of the Union.

112

Brief Overview: Carrier and BLE have wrestled over locomotive cab conditions in

various ways the better part of two generations of engineers. The parties attempted to

handle this dispute from different angles, trying to solve problems at the local level, general

level and at times have sought arbitration - all attempts resulting in unsatisfactory

conditions both parties found difficult to live with.

NMB A-10409 was executed December 19, 1979 covering the Union Pacific Railroad prior

to various mergers and acquisitions involving other rail carriers. NMB A -10409 ostensibly

settled issues raised from BLE notices of March 30 and April 1, 1973 wherein locomotive

cab conditions were addressed. NMB A-10409 governed items such as toilets, water

coolers, drinking water, cab heaters, weather stripping, air conditioners, and the engineer's

responsibility to "...cooperate in keeping locomotive cabs in a clean and orderly

condition..." History demonstrates that even though various forms of mediation were used

in an effort to resolve well known problems associated with cab conditions, the parties

failed to satisfactorily deal with these continually burning issues. By the mid 1980's, the

parties were embroiled in what ended up to be a long-standing dispute which produced a

number of claims BLE used as a basis to confront the continuing problems associated with

sanitary cab conditions. During the mid 1990's, both parties exercised their rights under

Article XVII of AA458 when they developed a Locomotive Study Task Force (LSTF)

which ultimately paved the way for today's computer generated locomotive Electronic

Defect Reporting System currently part of the =TE (tie-up) screen.

Although the dispute has spanned almost two decades and at least three National

Agreements (ratified, arbitrated or imposed by Public Law), to date NMB A-10409 has

been the basis by which all cab condition claims were submitted. This dispute has

consumed a lot of time, but it must be known that one of the common themes throughout

the continuing process is the Union's obligation to give Carrier the opportunity to correct

cab condition problems.

Impact of 1986 AA458 and Articles X and XVII: The extent to which Articles X and

XVII superseded NMB A-10409 is an important consideration in the history of the cab

condition dispute. With respect to locomotives used for run through service, Article X

addressed minimum standards of "merged or affiliated rail systems" as follows:

"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 XVII also contractually recognized the extent to which the parties agreed

locomotives would be maintained, including conditions related to clean sanitary toilets,

cooled potable water, toilet paper and hand towels as illustrated in Section 2(b) thereof.

Where before the Local Chairman's role in this dispute was pretty much confined to

progressing time claims, Section 1 A(b) requires him/her to become more involved in

handling complaints with local supervisors:

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

supervisors at each facility will participate in direct discussions regarding any

113

maintenance problems 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 solutions thereto."

Bottom line is that the national conditions outlined in Article XVII require local

representatives to exhaust a process that gives Carrier the opportunity to address and

correct problems prior to triggering the time claim process. For your reference, Articles X

and XVII are attached hereto and identified as Organization's Exhibit A.

The contractual evolution affecting NMB A-10409's effect on the specific nature of this

dispute in terms of the basis of claims, [I felt] made it necessary to embark on a prudent and

well-educated course rather than go "willy nilly" before an arbitrator with such an

emotional issue. WRGCA then enlisted the assistance of our International Office by way of

Dennis Simmerman who was part of national negotiations involving AA458 and had great

insight into Article XVII and its effect on NMB A-10409. Jim Dayton's role as LSTF cochairman

during the early 1990's was also helpful in that what the parties accomplished

with LSTF fell within the meaning of Article XVII Section 1 A. For your reference, the email

exchanged between Brothers Dayton and Simmerman in connection with our lengthy

conference call of February 27, 2003 is attached hereto and identified as Organization's

Exhibit B. The outcome of thorough research involving this important and emotional case

revealed an element of uncertainty WRGCA could not overlook.

Impact and Value of New Federal Regulations: FRA adopted RSAC recommendations

and established minimum servicing standards by way of its final rule concerning

Locomotive Cab Sanitation Standards effective June 3, 2002. WRGCA distributed its

memo of April 16, 2002 addressed to our Local Chairmen which included copy of these

sanitation and servicing standards, see attached copy of memo identified as Organization's

Exhibit C. For your convenience, Exhibit C also includes a cab sanitation flowchart based

on sanitation standards and definitions that were developed by the coalition of system BLE

GCA's and Legislative Boards.

In addition to other requirements found in 49 CFR Part 229, §229.139 governs sanitation

and servicing requirements and provides:

"Section 229.139 establishes minimum servicing standards to ensure that sanitation

compartments in occupied locomotives are not unsanitary or defective. Paragraph

(a) states that the railroad must service the sanitation compartments of lead

locomotives in use so that they are sanitary. This requirement means that the floors,

toilet facility, and washing system must be free of trash and waste. It is reasonable

to expect that, as a locomotive is used, some amount of dust and trash would

accumulate. However, in order to meet the requirements of paragraph (a), the trash

must be removed at regular intervals, and used soiled paper products or human

waste may not be present on the floor."

The new FRA regulations have additional impact on those conditions found in Article XVII

Section 2(b) which contractually requires the lead locomotive have a sanitary toilet,

adequate cooled potable water and adequate toilet paper or hand towels. The combined

effect in essence makes these items federal defects if they fail to meet federal standards.

Federal regulations also give the Union another avenue to pursue resolution of cab

condition problems.

114

Against the backdrop of contractual changes involving cab conditions, FRA mandated cab

sanitation and servicing requirements and the potential for liability of each party,

collectively we agreed to settle the inventory of cab condition claims of record to and

including December 31, 2002. The settlement of July 25, 2003 provided a lump sum

payment of $130k that addressed former South Central, Oregon and Idaho claims. For your

reference, the cab condition settlement is attached as Organization's Exhibit D. Careful

deliberation guided WRGCA to what [I felt] was the only fair and equitable way to divide

the lump sum among those claimants of record involving both groups of claims:

SCD:

CAB:

3711

4363

8074

(46%) actual 45.962%

(54%) actual 54.038%

total

SCD: 1

CAB: 1

30K x .

30K x .

46% = $59,800.00/3711 = $16.114 p/claim

54% = $70,200.00/4363 = $16.09 p/claim

59,799.54

70,200.67

$129,999.72

Article 2 of the cab condition settlement summarizes the rights and obligations of both

parties consistent with the exhaustive research involved in this case:

NOTE: The parties discussed the handling of future claims with respect to sanitary

and other working conditions of locomotive cabs (engine standards). The parties

agree that Article XVII of the Award of Arbitration Board No. 458 superseded, in

part, NMB A-10409, and placed an obligation on the Carrier to assure that

locomotives meet certain standards (e.g., lead locomotive should have sanitary

toilet facility). Article XVII also obligated the parties to jointly develop a process

for reporting and handling an alleged defect in locomotive cab conditions. In

addition, Article XVII placed an obligation on the employee as to the manner and

method for reporting the deficiency in a timely manner to a proper authority and

thereafter to assist, without additional compensation, in a method for correction of

the deficiency. The establishment of local level procedures evidenced by the

outcome of the joint Carrier-BLE Locomotive Study Task Force (LSTF) reflect the

parties' commitment to a more proactive approach in dealing with sanitary cab

conditions as provided by Section 1 of Article XVII.

In addition to the procedures agreed to by the parties with regard to Article XVII,

the Federal Railroad Administration (FRA) has established servicing standards to

ensure locomotives are safe and sanitary. In its Final Rule effective June 3, 2002,

the FRA has the ability to penalize a Carrier for failure to meet its sanitation and

servicing requirements with respect to the working conditions of locomotive cabs.

In connection therewith, the parties recognize the Carrier's obligation to adhere to

FRA standards in addressing concerns about safe and sanitary cab conditions, and

the Organization's obligation to initiate and exhaust its efforts with respect to the

manner and method for timely reporting deficiencies to the proper Carrier

authority. Prior to filing time claims, the parties agree to work together to address

any issues with regard to these obligations.

Future Handling: As evidenced above, there has been considerable evolution of the

governing agreements and federal regulations regarding the Carrier's obligation to provide a

safe and sanitary cab environment for engineers and other crew members to work in. If

anything, between December 19, 1979 when A-10409 was agreed upon and June 2, 2002

115

when the FRA adopted Locomotive Cab Sanitation Standards, the requirements placed

upon railroads have become more demanding. Concurrently, the Agreement requirements

have increased on engineers and BLE to work with management throughout the process in

order to give Carrier an opportunity to fix, alleviate, or otherwise address cab condition

problems.

While Article XVII provides that road locomotives cannot be dispatched from maintenance

facilities with certain defects, it describes the mandatory interaction that should occur

between engineer and local manager with respect to those defects. In an effort to avoid

working with defective equipment, engineers are obligated to make a timely objection to

the local manager who has the final say with respect to the reasonableness of the complaint.

The manager may take into account the following items with respect to the decision about

correcting a defect, see Section 2 in part:

"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/her disposal and whether or not

an unreasonable train delay would be incurred."

An engineer ordered to operate defective locomotives after seeking corrective action as

prescribed by Article XVII Section 2, should thereafter file a detailed time claim with the

Carrier and submit the complaint, including all relevant information, to his/her respective

Local Chairman. That representative then has the opportunity to address the cab condition

problem with the respective local supervisor or he/she can report the non-complying

condition to the FRA for its handling. Even though a time claim may be submitted, the

requirements of the Article XVII must be complied with. In those cases where a thorough

effort to correct problem(s) with the local maintenance facility and with local management

becomes exhausted and therefore is unsuccessful, the problem(s) described by claims need

to be referred to the next level for subsequent handling. The ultimate decision on

progressing the issue as a time claim dispute will depend on the quality of information

provided by the Claimant and the outcome of the local resolution process.

Both engineer and Union have an obligation to give Carrier an opportunity to fix cab

condition problems. In order to facilitate the process of resolving the issues in subsequent

handling, we have prepared a claim worksheet to be completed and provided to the BLE

Local Chairman at the time when the grievance is submitted to BLE for its handling with

Carrier and FRA if appropriate. For your reference, this document is attached and identified

as Organization's Exhibit E. It will also be available on WRGCA's web site

(www.wrgca.com) in PDF format for reprinting.

It is critical to understand that the process outlined in Article XVII of AA458 must be

complied with to ensure the best possible opportunity to improve conditions or to pursue

other remedies. In those cases where the problem involves a non-complying condition

governed by FRA regulations, furnishing sufficient information will maximize BLE's

opportunity to pursue remedies available to it under the oversight of that agency.

I trust you will share this information with your respective members and encourage any of

you having additional questions or concerns to give me a call.

116

117

(This is intended as a guide and is not to be construed as

constituting a separate Agreement between the parties.)

The following represents a synthesis in one document for the convenience of the parties, of

the National Vacation Agreement of April 29, 1949 between certain carriers represented by the

National Carriers' Conference Committee and their employees represented by the Brotherhood of

Locomotive Engineers and the United Transportation Union (formerly the Brotherhood of

Locomotive Firemen and Enginemen, Order of Railway Conductors and Brakemen, Brotherhood

of Railroad Trainmen and Switchmen's Union of North America), and the several amendments

made thereto in various national agreements up to the Award of Arbitration Board No. 559 dated

May 8, 1996 and the 1996 BLE Core National Agreement.

This is intended as a guide and is not to be construed as constituting a separate agreement

between the parties. If any dispute arises as to the proper interpretation or application of any

vacation provision, the terms of the appropriate vacation agreement on the property involved

shall govern.

Section 1 (a) - Effective January 1, 1997, each employee, subject to the scope of schedule

agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, will

be qualified for an annual vacation of one week with pay, or pay in lieu thereof, if during the

preceding calendar year the employee renders service under schedule agreements held by the

organizations signatory to the April 29, 1949 Vacation Agreement amounting to two hundred

forty (240) basic days in miles or hours paid for, as provided in individual schedules.

Beginning with the year 1997, in the application of this Section 1(a) each basic day in yard

service performed by a yard service employee or by an employee having interchangeable road

and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be

computed as 1.3 days, for purposes of determining qualification for vacations. (This is the

equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a

calendar year in road service.) This qualifying condition and multiplying factor pertains only to

service performed by yard and road employees in the preceding calendar year so as to determine

qualification for vacation on that basis only. (See NOTE below.)

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated

September 21, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than

the year 1960, in the application of this Section 1(a) each basic day in yard service performed by

a yard service employee or by an employee having interchangeable road and yard rights shall be

computed as 1.3 days, and each basic day in all other services shall be computed as 1.1 days, for

purposes of determining qualifications for vacations. (This is the equivalent of 120 qualifying

days in a calendar year in yard service and 144 qualifying days in a calendar year in road

service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(a)

each basic day in all classes of service shall be computed as 1.1 days for purposes of determining

qualifications for vacation. (This is the equivalent of 144 qualifying days.) (See NOTE below.)

(b) - Effective January 1, 1997, each employee, subject to the scope of schedule agreements

held by the organizations signatory to the April 29, 1949 Vacation Agreement, having two or

more years of continuous service with employing carrier will be qualified for an annual vacation

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of two weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee

renders service under schedule agreements held by the organizations signatory to the April 29,

1949 Vacation Agreement amounting to two hundred forty (240) basic days in miles or hours

paid for as provided in individual schedules and during the said two or more years of continuous

service renders service of not less than three hundred twenty (320) basic days in miles or hours

paid for as provided in individual schedules.

Beginning with the year 1997, in the application of this Section 1(b) each basic day in yard

service performed by a yard service employee or by an employee having interchangeable road

and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be

computed as 1.3 days, for purposes of determining qualification for vacations. (This is the

equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a

calendar year in road service.) This qualifying condition and multiplying factor pertains only to

service performed by yard and road employees in the preceding calendar year so as to determine

qualification for vacation on that basis only. (See NOTE below.)

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated

September 21, 1950, May 25, 1951, or May 23, 1952, on an individual carrier, but not earlier

than the year 1960, in the application of this Section 1(b) each basic day in yard service

performed by a yard service employee or by an employee having interchangeable road and yard

rights shall be computed as 1.4 days, and each basic day in all other services shall be computed

as 1.2 days, for purposes of determining qualifications for vacations. (This is the equivalent of

110 qualifying days in a calendar year in yard service and 132 qualifying days in a calendar year

in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(b)

each basic day in all classes of service shall be computed as 1.2 days for purposes of determining

qualifications for vacation. (This is the equivalent of 132 qualifying days.) (See NOTE below.)

(c) - Effective January 1, 1997, each employee, subject to the scope of schedule agreements

held by the organizations signatory to the April 29, 1949 Vacation Agreement, having eight or

more years of continuous service with employing carrier will be qualified for an annual vacation

of three weeks with pay, or pay in lieu thereof, if during the preceding calendar year the

employee renders service under schedule agreements held by the organizations signatory to the

April 29, 1949 Vacation Agreement amounting to two hundred forty (240) basic days in miles or

hours paid for as provided in individual schedules and during the said eight or more years of

continuous service renders service of not less than one thousand two hundred and eighty (1280)

basic days in miles or hours paid for as provided in individual schedules.

Beginning with the year 1997, in the application of this Section 1(c) each basic day in yard

service performed by a yard service employee or by an employee having interchangeable road

and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be

computed as 1.3 days, for purposes of determining qualification for vacations. (This is the

equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a

calendar year in road service.) This qualifying condition and multiplying factor pertains only to

service performed by yard and road employees in the preceding calendar year so as to determine

qualification for vacation on that basis only. (See NOTE below.)

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated

September 21, 1950, May 25, 1951, or May 23, 1952, on an individual carrier, but not earlier

than the year 1960, in the application of this Section 1(c) each basic day in yard service

119

performed by a yard service employee or by an employee having interchangeable road and yard

rights shall be computed as 1.6 days, and each basic day in all other services shall be computed

as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of

100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year

in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this section 1(c) each

basic day in all classes of service shall be computed as 1.3 days for purposes of determining

qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)

(d) - Effective January 1, 1997, each employee, subject to the scope of schedule agreements

held by the organizations signatory to the April 29, 1949 Vacation Agreement, having seventeen

or more years of continuous service with employing carrier will be qualified for an annual

vacation of four weeks with pay, or pay in lieu thereof, if during the preceding calendar year the

employee renders service under schedule agreements held by the organizations signatory to the

April 29, 1949 Vacation Agreement amounting to two hundred forty (240) basic days in miles or

hours paid for as provided in individual schedules and during the said seventeen or more years of

continuous service renders service of not less than two thousand seven hundred and twenty

(2720) basic days in miles or hours paid for as provided in individual schedules.

Beginning with the year 1997, in the application of this Section 1(d) each basic day in yard

service performed by a yard service employee or by an employee having interchangeable road

and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be

computed as 1.3 days, for purposes of determining qualification for vacations. (This is the

equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a

calendar year in road service.) This qualifying condition and multiplying factor pertains only to

service performed by yard and road employees in the preceding calendar year so as to determine

qualification for vacation on that basis only. (See NOTE below.)

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated

September 21, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than

the year 1960, in the application of this Section 1(d) each basic day in yard service performed by

a yard service employee or by an employee having interchangeable road and yard service rights

shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3

days, for purposes of determining qualifications for vacations. (This is the equivalent of 100

qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in

road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(d)

each basic day in all classes of service shall be computed as 1.3 days for purposes of determining

qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)

(e) - Effective January 1, 1997, each employee, subject to the scope of schedule agreements

held by the organizations signatory to the April 29, 1949 Vacation Agreement, having twenty

five or more years of continuous service with employing carrier will be qualified for an annual

vacation of five weeks with pay, or pay in lieu thereof, if during the preceding calendar year the

employee renders service under schedule agreements held by the organizations signatory to the

April 29, 1949 Vacation Agreement amounting to two hundred forty (240) basic days in miles or

hours paid for as provided in individual schedules and during the said twenty five or more years

of continuous service renders service of not less than four thousand (4,000) basic days in miles or

hours paid for as provided in individual schedules.

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Beginning with the year 1997, in the application of this Section 1(e) each basic day in yard

service performed by a yard service employee or by an employee having interchangeable road

and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be

computed as 1.3 days, for purposes of determining qualification for vacations. (This is the

equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a

calendar year in road service.) This qualifying condition and multiplying factor pertains only to

service performed by yard and road employees in the preceding calendar year so as to determine

qualification for vacation on that basis only. (See NOTE below.)

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated

September 21, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than

the year 1960, in the application of this Section 1(e) each basic day in yard service performed by

a yard service employee or by an employee having interchangeable road and yard rights shall be

computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for

purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying

days in a calendar year in yard service and 120 qualifying days in a calendar year in road

service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(e) each

basic day in all classes of service shall be computed as 1.3 days for purposes of determining

qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)

NOTE: In the application of Section 1(a), (b), (c), (d) and (e), qualifying years

accumulated, also qualifying requirements for years accumulated, prior

to the effective date of the respective provisions hereof, for extended

vacations shall not be changed.

(f) - In dining car service, for service performed on and after July 1, 1949 each 7 1/2 hours

paid for shall be considered the equivalent of one basic day in the application of Section 1(a), (b),

(c), (d) and (e).

(g) - Calendar days on which an employee assigned to an extra list is available for service

and on which days he/she performs no service, not exceeding ninety (90) such days, will be

included in the determination of qualification for vacation; also, calendar days, not in excess of

forty-five (45), on which an employee is absent from and unable to perform service because of

injury received on duty will be included.

The 90 and 45 calendar days referred to in this Section 1(g) shall not be subject to the 1, 1.2,

1.3, 1.4 and 1.6 computations provided for in Section 1(a), (b), (c), (d) and (e), respectively.

(h) - Where an employee is discharged from service and thereafter restored to service during

the same calendar year with seniority unimpaired, service performed prior to discharge and

subsequent to reinstatement during that year shall be included in the determination of

qualification for vacation during the following year.

Where an employee is discharged from service and thereafter restored to service with

seniority unimpaired, service before and after such discharge and restoration shall be included in

computing three hundred twenty (320) basic days under Section 1(b), one thousand two hundred

and eighty (1280) basic days under Section 1(c), two thousand seven hundred and twenty (2720)

basic days under Section 1(d), and four thousand (4,000) basic days under Section 1(e).

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(i) - Only service performed on one railroad may be combined in determining the

qualifications provided for in this Section 1, except that service of an employee on his/her home

road may be combined with service performed on other roads when the latter service is

performed at the direction of the management of his/her home road or by virtue of the employee's

seniority on his/her home road. Such service will not operate to relieve the home road of its

responsibility under this agreement.

(j) - In instances where employees who have become members of the Armed Forces of the

United States return to the service of the employing carrier in accordance with the Military

Selective Service Act of 1967, as amended, the time spent by such employees in the Armed

Forces subsequent to their employment by the employing carrier will be credited as qualifying

service in determining the length of vacations for which they may qualify upon their return to the

service of the employing carrier.

(k) - In instances where an employee who has become a member of the Armed Forces of the

United States returns to the service of the employing carrier in accordance with the Military

Selective Service Act of 1967, as amended, and in the calendar year preceding his/her return to

railroad service had rendered no compensated service or had rendered compensated service on

fewer days than are required to qualify for a vacation in the calendar year of his/her return to

railroad service, but could qualify for a vacation in the calendar year of his/her return to railroad

service if he/she had combined for qualifying purposes days on which he/she was in railroad

service in such preceding calendar year with days in such year on which he/she was in the Armed

Forces, he/she will be granted, in the calendar year of his/her return to railroad service, a vacation

of such length as he/she could so qualify for under Section 1(a), (b), (c), (d) or (e) and (j) hereof.

(l) - In instances where an employee who has become a member of the Armed Forces of the

United States returns to the service of the employing carrier in accordance with the Military

Selective Service Act of 1967, as amended, and in the calendar year of his/her return to railroad

service renders compensated service on fewer days than are required to qualify for a vacation in

the following calendar year, but could qualify for a vacation in such following calendar year if

he/she had combined for qualifying purposes days on which he/she was in railroad service in the

year of his/her return with days in such year on which he/she was in the Armed Forces, he/she

will be granted, in such following calendar year, a vacation of such length as he/she could so

qualify for under Section 1(a), (b), (c), (d) or (e) and (j) hereof.

(m) - Calendar days on which an employee is compensated while attending training and rules

classes at the direction of the carrier will be included in the determination of qualification for

vacation. Such calendar days shall not be subject to the 1.1, 1.2, 1.3, 1.4 and 1.6 computations

provided for in Section 1(a), (b), (c), (d) and (e), respectively.

(n) - During a calendar year in which an employee's vacation entitlement will increase on the

anniversary date, such employee shall be permitted to schedule the additional vacation time to

which entitled on the anniversary date at any time during that calendar year.

(o) - An employee may make up to two splits in his/her annual vacation in any calendar year.

(p) - An employee may take up to one week of his/her annual vacation in single day

increments, provided, however, that such employee shall be automatically marked up for service

upon the expiration of any single day vacation.

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Section 2 Employees qualified under Section 1 hereof shall be paid for their vacations as

follows:

(a) - An employee receiving a vacation, or pay in lieu thereof, under Section 1 shall be paid

for each week of such vacation 1/52 of the compensation earned by such employee under

schedule agreements held by the organizations signatory to the April 29, 1949 Vacation

Agreement, on the carrier on which he/she qualified under Section 1 (or carriers in case he/she

qualified on more than one carrier under Section 1(i)) during the calendar year preceding the year

in which the vacation is taken, but in no event shall such pay for each week of vacation be less

than six (6) minimum basic days' pay at the rate of the last service rendered, except as provided

in subparagraph (b).

(b) - Beginning on the date Agreement "A" dated September 21, 1950, May 25, 1951 or May

23, 1952, became or becomes effective on any carrier, the following shall apply insofar as yard

service employees and employees having interchangeable yard and road rights covered by said

agreement are concerned:

(1) An employee receiving a vacation, or pay in lieu thereof, under Section 1 shall

be paid for each week of such vacation 1/52 of the compensation earned by such employee

under schedule agreements held by the organizations signatory to the April 29, 1949

Vacation Agreement, on the carrier on which he/she qualified under Section 1 (or carriers

in case he/she qualified on more than one carrier under Section 1(i)) during the calendar

year preceding the year in which the vacation is taken, but in no event shall such pay for

each week of vacation be less than five (5) minimum basic days at the rate of the last

service rendered.

(2) An employee having interchangeable yard and road rights receiving a vacation,

or pay in lieu thereof, under Section 1 shall be paid for each week of such vacation 1/52 of

the compensation earned by such employee under schedule agreements held by the

organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which

he/she qualified under Section 1 (or carriers in case he/she qualified on more than one

carrier under Section 1(i)) during the calendar year preceding the year in which the

vacation is taken; provided that, if the vacation is taken during the time such employee is

working in road service such pay for each week of vacation shall be not less that six (6)

minimum basic days' pay at the rate of the last road service rendered, and if the vacation is

taken during the time such employee is working in yard service such pay for each week of

vacation shall not be less than five (5) minimum basic days' pay at the rate of the last yard

service rendered.

NOTE: Section 2(b) applicable to yard service shall apply to yard, belt line and transfer

service and combinations thereof, and to hostling service.

123

Section 3 Vacations, or allowances therefore, under two or more schedules held by different

organizations on the same carrier shall not, be combined to create a vacation of more than the

maximum number of days provided for in any of such schedules.

Section 4 Time off on account of vacation will not be considered as time off account

employee's own accord under any guarantee rules and will not be considered as breaking such

guarantees.

Section 5 The absence of an employee on vacation with pay, as provided in this agreement,

will not be considered as a vacancy, temporary, or otherwise, in applying the bulletin rules of

schedule agreements.

Section 6 Vacations shall be taken between January 1st and December 31st; however, it is

recognized that the exigencies of the service create practical difficulties in providing vacations in

all instances. Due regard, consistent with requirements of the service, shall be given to the

preference of the employee in his/her seniority order in the class of service in which engaged

when granting vacations. Representatives of the carriers and of the employees will cooperate in

arranging vacation periods, administering vacations and releasing employees when requirements

of the service will permit. It is understood and agreed that vacationing employees will be paid

their vacation allowances by the carriers as soon as possible after the vacation period but the

parties recognize that there may be some delay in such payments. It is understood that in any

event such employee will be paid his/her vacation allowance no later than the second succeeding

payroll period following the date claim for vacation allowance is filed.

Section 7 (a) - Vacations shall not be accumulated or carried over from one vacation year to

another. However, to avoid loss of time by the employee at end of his/her vacation period, the

number of vacation days at the request of the employee may be reduced in one year and adjusted

in the next year.

(b) - After the vacation begins layover days during the vacation period shall be

counted as a part of the vacation.

Section 8 The vacation provided for in this agreement shall be considered to have been earned

when the employee has qualified under Section 1 hereof. If an employee's employment status is

terminated for any reason whatsoever, including but not limited to retirement, resignation,

discharge, noncompliance with a union shop agreement, or failure to return after furlough, he/she

shall, at the time of such termination, be granted full vacation pay earned up to the time he/she

leaves the service, including pay, for vacation earned in the preceding year or years and not yet

granted, and the vacation for the succeeding year if the employee has qualified therefore under

Section 1. If an employee thus entitled to vacation or vacation pay shall die, the vacation pay

earned and not received shall be paid to such beneficiary as may have been designated, or, in the

absence of such designation, the surviving spouse or children or his/her estate, in that order of

preference.

Section 9 The terms of this agreement shall not be construed to deprive any employee of such

additional vacation days as he/she may be entitled to receive under any existing rule,

understanding or custom, which additional vacation days shall be accorded under and in

accordance with the terms of such existing rule, understanding or custom.

Beginning on the date Agreement "A" dated September 21, 1950, May 25, 1951, or May 23,

1952, became or becomes effective on any carrier, such additional vacation days shall be reduced

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by 1/6th with respect to yard service employees, and with respect to any yard service employee

having interchangeable yard and road rights who receives a vacation in yard service.

Section 10 Any dispute or controversy arising out of the interpretation or application of any of

the provisions of this agreement will be handled on the property in the same manner as other

disputes. If the dispute or controversy is not settled on the property, either party may submit the

dispute or controversy to arbitration in accordance with the procedures of Section 3 of the

Railway Labor Act.

Section 11 This vacation agreement shall be construed as a separate agreement by and on

behalf of each carrier party hereto, and its railroad employees represented by the respective

organizations signatory hereto, and effective July 1, 1949 supersedes the Consolidated Uniform

Vacation Agreement dated June 6, 1945, insofar as said agreement applies to and defines the

rights and obligations of the carriers parties to this agreement and the employees of such carriers

represented by the Brotherhood of Locomotive Engineers and the United Transportation Union.

Section 12 This vacation agreement shall continue in effect until changed or modified in

accordance with provisions of the Railway Labor Act, as amended.

Section 13 This agreement is subject to approval of courts with respect to carriers in hands of

receivers or trustees.

Section 14 The parties hereto having in mind conditions which exist or may arise on individual

carriers in making provisions for vacations with pay, agree that the duly authorized representative

(General Chairman) of the employees, party to this agreement, and the officer designated by the

carrier, may enter into additional written understandings to implement the purposes of this

agreement, provided that such understandings shall not be inconsistent with this agreement.

(Signatures Omitted)

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Chicago, Illinois, April 29, 1949

Referring to agreement, signed this date, between employees represented by the Brotherhood

of Locomotive Engineers, Brotherhood of Railroad Trainmen, and the Switchmen's Union of

North America, and Carriers represented by the Eastern, Western and Southeastern Carriers'

Conference Committees, with respect to vacations with pay:

In computing basic days in miles or hours paid for, as provided in Section 1 of said agreement,

the parties agree that the following interpretations shall apply:

1. A trainman in passenger service, on a trip of 300 miles, upon which no overtime or other

allowances accrue, will be credited with two basic days.

2. An employee in freight service on a run of 125 miles, upon which no overtime or other

allowances accrue, will be credited with 1-1/4 basic days.

3. An employee in freight service on a run of 125 miles, with a total time on duty of 14 hours

on the trip, will be credited with 1-3/4 basic days.

4. An employee in yard service working 12 hours will be credited with 1-1/2 basic days.

5. An employee in freight service, run-around and paid 50 miles for same, will be credited

with 1/2 basic day.

6. An employee in freight service, called and released and paid 50 miles for same,

will be credited with 1/2 basic day.

7. An employee in freight service, paid no overtime or other allowances, working as follows:

1st trip, 150 miles

2nd trip, 140 miles

3rd trip, 120 miles

4th trip, 150 miles

5th trip, 140 miles

TOTAL 700 miles

will be credited with seven basic days.

8. An employee in freight service makes trip of 80 miles in 8 hours or less, for which he/she

is paid 100 miles, will be credited with 1 basic day.

9. An engineman in passenger service makes a trip of 100 miles or less in 5 hours, will be

credited with 1 basic day.

10. An engineman in short-turn-around passenger service, makes a trip of 100 miles or less, on

duty eight hours within a spread of nine hours, will be credited with 1 basic day.

126

11. A trainman in short-turn-around passenger service, makes a trip of 150 miles or less, on

duty eight hours within a spread of nine hours, will be credited with 1 basic day.

12. A trainman in short-turn-around passenger service, makes a trip of 150 miles or less, total

spread of time 10 hours, on duty eight hours within the last nine hours, will be credited

with 1-1/8 basic days.

13. An employee in freight service, deadheading is paid 50 miles for same, will be

credited with 1/2 basic day.

14. An employee is paid eight hours under the held-away-from-home terminal rule, will be

credited with 1 basic day.

15. An employee is allowed one hour as arbitrary allowance, will be credited with 1/8 basic

day.

Grand Chief Engineer Chairman

Brotherhood of Locomotive Engineers Western Carriers' Conference

Committee

Asst. President Chairman

Brotherhood of Locomotive Firemen Eastern Carriers' Conference

and Enginemen Committee

Vice President Chairman

Order of Railway Conductors Southeastern Carriers' Conference

Committee

President

Brotherhood of Railroad Trainmen

Intl. President

Switchmen's Union of North America

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-------------------------------------------------

In the granting of vacations subject to agreements held by the five operating organizations, service

rendered for the carrier will be counted in establishing five or fifteen or more years of continuous service, as the

case may be, where the employee transferred in service to a position subject to an agreement held by an

organization signatory to the April 29, 1949 Vacation Agreement, provided there was no break in the employee's

service as a result of the transfer from a class of service not covered by an agreement held by an organization

signatory to the April 29, 1949 Agreement. This understanding will apply only where there was a transfer of

service.

This understanding will apply commencing with the year 1956 but will also be applicable to claims of

record properly filed with the carrier on or after January 1, 1955, for 1955 vacations and on file with the carrier at

the date of this understanding. No other claims for 1955 based on continuous service will be paid. Standby

agreements will be applied according to their terms and conditions for the year 1955.

Signed at Chicago, Illinois, this 18th day of January, 1956.

Insofar as applicable to employees represented by the Brotherhood of Locomotive Engineers, the

Vacation Agreement dated April 29, 1949, as amended, is further amended effective January 1, 1982, by

substituting the following Section 1(c), 1(d) and l(h) for the corresponding provisions contained in

Section 1, as previously amended:

(c) Effective January 1, 1982, each employee, subject to the scope of schedule agreements held

by the organizations signatory to the April 29, 1949 Vacation Agreement, having eight or more years of

continuous service with employing carrier will be qualified for an annual vacation of three weeks with

pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under

schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement

amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual

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schedules and during the said eight or more years of continuous service renders service of not less than

one thousand two hundred and eighty (1280) basic days in miles or hours paid for as provided in

individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement “A” dated

September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year

1960, in the application of this Section 1(c) each basic day in yard service performed by a yard service

employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days,

and each basic day in all other services shall be computed as 1.3 days, for purposes of determining

qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard

service and 120 qualifying days in a calendar year in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(c) each basic

day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for

vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)

(d) Effective January 1, 1982, each employee, subject to the scope of schedule agreements held by

the organizations signatory to the April 29, 1949 Vacation Agreement, having seventeen or more years of

continuous service with employing carrier will be qualified for an annual vacation of four weeks with

pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under

schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement

amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual

schedules and during the said seventeen or more years of continuous service renders service of not less

than two thousand seven hundred and twenty (2720) basic days in miles or hours paid for as provided in

individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement “A” dated

September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year

1960, in the application of this Section l(d) each basic day in yard service performed by a yard service

employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days,

and each basic day in all other services shall be computed as 1.3 days, for purposes of determining

qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard

service and 120 qualifying days in a calendar year in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this Section l(d) each

basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications

for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)

(The NOTE referred to in Sections 1(c) and l(d) above reads as follows:

“NOTE: In the application of Section l(a), (b), (c), (d) and (e), qualifying years

accumulated, also qualifying requirements for years accumulated, prior to the

effective date of the respective provisions hereof, for extended vacations shall

not be changed.”)

(h) Where an employee is discharged from service and thereafter restored to service during the

same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to

reinstatement during that year shall be included in the determination of qualification for vacation during

the following year.

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Where an employee is discharged from service and thereafter restored to service with seniority

unimpaired, service before and after such discharge and restoration shall be included in computing three

hundred twenty (320) basic days under Section l (b), one thousand two hundred and eighty (1280) basic

days under Section l(c), two thousand seven hundred and twenty (2720) basic-days under Section l(d),

and four thousand (4000) basic days under Section l(e).

Existing rules governing vacations are amended as follows effective January 1, 1997:

(a) The minimum number of basic days in miles or hours paid for, as provided in individual schedules,

on which an employee must render service under schedule agreements held by the organization signatory

hereto to qualify for an annual vacation for the succeeding calendar year shall be increased by fifty (50)

percent from the minimum number applicable under vacation rules in effect on the date of this

Agreement. The multiplying factors set forth in vacation rules in effect on the date of this Agreement

shall be amended to provide that each basic day in yard service performed by a yard service employee or

by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each

basic day in all other services shall be computed as 1.3 days, for purposes of determining qualification for

vacation based on service rendered in the preceding calendar year.

NOTE: It is the parties’ intention that, in accordance with application of the

multiplying factors set forth in existing vacation rules as amended above,

commencing with calendar year 1997 this subsection would require the

equivalent of 150 qualifying days in a calendar year in yard service and 180

qualifying days in a calendar year in road service to qualify for an annual

vacation for the succeeding year.

(b) Calendar days on which an employee assigned to an extra list is available for service and on which

days he/she performs no service, not exceeding ninety (90) such days, will be included in the

determination of qualification for vacation; also, calendar days, not in excess of forty-five (45), on which

an employee is absent from and unable to perform service because of injury received on duty will be

included. Such calendar days shall not be subject to the multiplying factors set forth in existing vacation

rules as amended.

(c) Calendar days on which an employee is compensated while attending training and rules classes at the

direction of the carrier will be included in the determination of qualification for vacation. Such calendar

days shall not be subject to the multiplying factors set forth in existing vacation rules as amended.

(d) During a calendar year in which an employee’s vacation entitlement will increase on the anniversary

date, such employee shall be permitted to schedule the additional vacation time to which entitled on the

anniversary date at any time during that calendar year.

(e) An employee may make up to two splits in his/her annual vacation in any calendar year.

(f) An employee may take up to one week of his/her annual vacation in single day increments, provided,

however, that such employee shall be automatically marked up for service upon the expiration of any

single day vacation,

(g) Existing rules and practices regarding vacations not specifically amended by this Section, including

(but not limited to) scheduling of vacations, shall continue in effect without change.

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between

and

Union Pacific Railroad Company (hereinafter “UP,” “Company” or “Carrier”) and the

Brotherhood of Locomotive Engineers and Trainmen (hereinafter “BLET” or “Organization”)

acknowledge that different practices and applications of some agreement provisions have evolved.

Consequently, the parties recognize there is a benefit to both UP and its employees to have a more

uniform and standardized method for applying certain agreement provisions. This Agreement is a part of

the effort to standardize the handling of certain agreement provisions.

A. Effective January 1, 2005, Section IX, Article 1, Paragraphs (a), (b), (c), (d) and (e) of the May 13,

1971 BLE National Agreement, as amended, will be modified and applied as follows:

Previous years of service in a non-operating agreement covered craft with Union Pacific will be

considered in determining the number of vacation week(s) a former non-operating craft employee

will qualify for if he/she is employed in engine service.

Example: A non-operating agreement covered employee with seven (7) years of prior service on

Union Pacific is employed in engine service. That employee has qualified for vacations under

his/her non-operating vacation agreement all of the preceding seven (7) years. He/she will be

considered as having met the minimum qualifying and accumulation requirements necessary in

qualifying for vacation weeks as an engineer for all seven (7) years. If a non-operating agreement

covered employee qualified for vacation under the non-operating vacation agreement only five

(5) of those seven (7) years, only the five (5) years he/she qualified for vacation would be

considered in determining the number of weeks of vacation he/she would be entitled as an

engineer. Thereafter, qualifying criteria would be governed/accumulated under the operating

vacation agreement.

B. Non-operating craft employees will not be permitted to duplicate or pyramid vacation weeks upon

working in engine service. In the calendar year a move to engine service occurs, non-operating

employees may be required to observe all of their vacation from a non-operating craft before

entering engine service, time and service requirements permitting. Unused vacation from a nonoperating

craft that cannot be observed prior to entering engine service may, at the Carrier’s

discretion, be scheduled or paid in lieu thereof.

C. Employees not yet qualifying for a vacation in the following year in the pre-transfer craft or position

will be entitled to combine the prior non-operating service with engine service for such qualifying

purposes in the calendar year of the transfer. In effect, the service in the pre-transfer craft or

position will be treated as engine service for qualifying purposes.

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Commencing January 1, 2005 – i.e., for vacation benefits to be used (taken) during calendar year 2005 –

engineers may request up to the maximum number of weekly splits possible in scheduling their allotted

vacation weeks. Such splits shall not be in less than one-week increments.

Example 1: An engineer entitled to receive five weeks vacation may split his or her vacation

allotment into a maximum of five separate weeks when scheduling his or her vacation.

Example 2: An engineer entitled to receive three weeks of vacation may split his or her vacation

allotment into a maximum of three separate weeks when scheduling his or her vacation.

A. The parties have agreed to amend the provisions of Section 2 Article V of the 1996 BLE National

Agreement to be effective for vacations scheduled for the calendar year 2005. Qualified employees

may take up to three (3) weeks of their annual vacation in single day increments.

B. All single vacation days will be scheduled in a one week (or a two or three week) block. Employees

can use single days from that block prior to the scheduled time by rescheduling the day (or days)

with CMS. Any unused portion of the single days must be taken by the end of the scheduled week.

C. 1. A week of single day’s vacation for employees holding regular yard service assignments and yard

boards wherein the employees have and observe assigned rest days, shall consist of five (5) days.

2. A week of single day’s vacation for employees holding positions in road service, on road extra

boards, combination road/yard extra boards or on yard boards wherein the employees do not have

or observe rest days shall consist of seven (7) days.

3. A week of single day’s vacation for employees holding a six-day assignment shall consist of six (6)

days.

A. The scheduling of an employee’s vacation for the upcoming or current year shall be based on the

location and class(es) of service where he/she was assigned for a preponderance of the time during

the six (6) month qualification measurement period. The qualification measurement period shall be

April 1 through September 30.

NOTE: This does not affect arrangements under which craft (i.e., engineer, hostler, and

train service) is determined for vacation scheduling purposes.

B. This Section 4 will not modify existing arrangements governing vacation groupings or other matters

pertaining to vacation scheduling.

An employee may, if desired, defer (start after the scheduled date) or advance (start prior to the scheduled

date) vacation up to three (3) days after or before the scheduled start date. An employee desiring to

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advance or defer his/her vacation must notify CMS no less than twenty-four (24) hours prior to the day

the vacation is scheduled to commence. The parties will endeavor to accommodate the requests for

advancing or deferring vacation. However, granting requests to advance or defer vacation will be subject

to the needs of UP’s service.

A. The increasing of vacation opportunities and flexibility as set forth herein shall not cause Carrier to

incur any additional employee protection expense or guarantee payments as a result thereof.

B. In the event the provisions of this Agreement conflict with a provision of any other agreement,

understanding or practice, the provisions set forth herein shall prevail and apply.

C. Existing rules and practices regarding the handling of vacations not specifically amended by this

Agreement, including, but not limited to, scheduling of vacations, scheduling of single days vacation,

and handling of vacation splits and/or single day vacations, shall continue in effect without change.

General Chairman Director, Labor Relations

General Chairman Director, Labor Relations

General Chairman Director, Labor Relations

General Chairman Director, Labor Relations

General Chairman

APPROVED:

Vice President

Vice President

133

between the

and the

IT IS AGREED:

For application at Pocatello only, the Combined Vacation Agreement dated at Salt Lake City,

April 25, 1963, and Memorandum Agreement EO-1369 dated Salt Lake City, December 10, 1976,

modified January 1, 1977; July 25, 1980; February 27, 1981 and June 5, 1981, is hereby modified to the

extent the following shall govern with respect to assigning vacation periods for engineers for each

calendar year:

1. Vacation periods shall be scheduled weekly in segments of seven (7) days commencing

engineers to be assigned to each weekly vacation period shall be designated by the Carrier. Bulletin will

be posted on November 15 and applications will be received through December 15 for vacation periods

during the following year and assignments shall be made on or before December 31 of the current year,

which will constitute the official vacation schedule.

NOTE: Agreement EO-1369 dated July 25, 1980, copy attached, shall remain in effect.

2. Except as provided in paragraph 5, employees must apply for one (1), two (2), three (3),

four (4) or five (5) vacation weeks based on their entitlement. Engineers who fail to bid for vacation will

who are outbid will be force assigned in accordance with paragraph 3.

3. When force assigning vacation periods, the junior engineer will be assigned one week’s

vacation in reverse order of seniority until each engineer on the roster has been force assigned one week’s

vacation, after which this procedure will be repeated for a second, third, fourth and fifth vacation week

entitlement until all earned vacation time has been scheduled.

4. Except as provided in paragraph 5, each engineer must bid for at least two (2) weeks

vacation to commence prior to August 1 of each year. Engineers who fail to bid in accordance with this

Section or who fail to make sufficient choices for periods prior to August 1, will be force assigned in

accordance with paragraph 3 herein.

5. Engineers who anticipate accepting their annuity prior to August 1 shall make their intent

known, advising Local Chairman and proper Carrier representative, and will not be force assigned

vacation periods and may schedule all of their vacation immediately prior to retirement. Engineers in their

anniversary year will be given priority and scheduled after their anniversary date in order to secure the

extra week of vacation, except that no vacation shall be scheduled to commence in December when it

cannot be completed by December 31. The percentage of engineers on vacation as set forth by the Carrier

shall not be exceeded.

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6. As provided in Section 2, Article II of the Combined Vacation Agreement dated April 25,

1963, employees will be permitted to trade assigned vacation periods with the concurrence of the proper

Carrier representative. Additionally, engineers may advance or defer vacation periods, except as provided

in paragraph 4, with the concurrence of the Local Chairman and proper Carrier representative. It is

understood that such advancing or deferring of vacation period will only be accomplished if the number

of engineers released for that particular week is not exceeded.

7. Engineers shall be obligated to protect their assignments immediately following

expiration of the vacation period unless additional time off is authorized by proper authority prior to the

expiration of their vacation period.

8. Vacation periods shall be assigned by seniority. The hiring date in engine service will be

used to determine seniority rank for vacation purposes. Engineers employed as such on November 15 will

be assigned on the engineer’s official vacation schedule for the succeeding year.

9. For assigned vacation periods by-passed by reason of employees being temporarily

suspended or on leave of absence, such assigned vacation periods shall be observed immediately upon the

employees return to service.

10. The Local Chairman and the Carrier Representative presenting the vacation schedule will

take into consideration the necessity for scheduling vacations so that a substantial number of engineers in

one class of service, i.e., extra board, pool freight, etc., are not scheduled to be on vacation at the same

time.

11. The parties will meet in November of each calendar year to review the past year’s

experience under this agreement, and agree upon any changes deemed appropriate or necessary in the

assigning of vacations for the coming year.

This Agreement shall become effective July 1, 1988 with implementation commencing

with the calendar year l989.

General Chairman Regional Director Labor Relations –

Western District

135

between the

and the

IT IS AGREED:

Sections 1(b) and (d) of the Agreement dated April 25, 1963, shown in Appendix 8 of the

Agreement of January 1, 1977 is hereby amended to read as follows:

(b) On or about November 15 of each calendar year the Division Superintendent or

officer designated by him or her shall notify the Local Chairman the number of engineers it is

anticipated may be released for vacation purposes in each vacation period during the vacation

year which begins on January 1 of the following year, and the Assistant Director Labor Relations

shall, between November 15 and December 1, provide the Local Chairman with a list of the

names of engineers who have worked a sufficient amount of time to qualify for one, two, three,

four or five weeks vacation during the following year.

NOTE. In the application of Subsection (a) in determining the date when

vacation of an engineer is to begin, if an engineer's tour of duty commences at the awayfrom-

home terminal on the day prior to date vacation is to begin and he/she arrives at

his/her home terminal after Midnight on the date his/her vacation is scheduled to begin,

the engineer will be permitted to commence his/her vacation as of that day if he/she so

desires or he/she may elect to defer the commencement date of his/her vacation in these

circumstances, to the following date. If, however, an engineer has commenced his/her trip

from the away-from-home terminal after 12 Midnight on the date his or her vacation was

scheduled to begin, the commencement date of his/her vacation must, in these

circumstances, be deferred to commence on the following date.

(d) The vacation schedule prepared by the Local Chairman shall be submitted to the

Division Superintendent or officer designated by him or her on or before December 15 and

sufficient copies thereof will be prepared by the Company to permit posting at terminals or other

points as may be necessary to inform all employes of the vacation period awarded to them. The

vacation schedule prepared by the Local Chairman shall be considered as the official vacation

schedule for engineers during the vacation year to which it applies. The official vacation schedule

shall not be changed except as provided in Section 2 or this agreement and the "NOTE" under

Section (b).

This agreement shall became effective October 1, 1980, and shall not be changed except as

provided in Section 5 of the Agreement dated at Salt Lake City, Utah on April 25, 1963.

Dated at Salt Lake City, Utah this 25th day of July, 1980.

(Signatures Omitted)

136

between the

and the

RECITALS OMITTED

Therefore, IT IS AGREED:

Article I.

Effective January 1, 1963, the following enumerated effective implementing vacation Agreements and/or

understandings between the parties are cancelled in their entirety and shall be of no further force nor

effect on and after January 1, 1963.

(a) Vacation Schedule Agreement dated September 15, 1955, file Gen-40, produced on Pages 129

and 130 of the current BLE Agreement, effective April 1, 1956.

(b) Determining when vacation is to begin, file Gen-40, dated March 13, 1957.

(c) Splitting Vacations, yard and road service engineers, file EO 1369, dated April 6, 1959.

The following regulations are adopted in lieu of the agreements enumerated in Article I:

Section 1. Preparation of Vacation Schedule.

(1) The supplemental agreement dated October 31, 1949, entitled “Vacation Schedules” shall be

suspended insofar as it applies to employes working as engineers in the territory Granger-Huntington and

Salt Lake City-Butte, and the following shall apply in lieu thereof for employes of the engineer’s craft and

class.

(a) Except as otherwise provided herein, vacation periods for engineers, subject to the provisions of