NLR/PB Hub Agreement

Hub Agreement


	MERGER IMPLEMENTING AGREEMENT• (North Little Rock/Pine Bluff Hub) between the UNION PACIFIC RAILROAD COMPANY Southern Pacific Transportation Company and the BROTHERHOOD OF LOCOMOTIVE ENGINEERS PREAMBLE The U.S. Department of Transportation, Surface Transportation Board (“STB”) approved the merger of the Union Pacific corporation (“UPC”), Union Pacific Railroad Company/Missouri Pacific Railroad Company (collectively referred to as (“UP”) and Southern Pacific Rail Corporation, Southern Pacific Transportation Company (“SPT”), St. Louis Southwestern Railway company (“SSW”), SPCSL Corp., and the Denver & Rio Grande Western Railroad company (“DRGW”)(collectively referred to as (“SP”) in Finance Docket 32760. In approving this transaction, the SIB imposed New York Dock labor protective conditions. Copy of the New York Dock conditions is attached as Attachment “A” to this Agreement. Subsequent to the filing of Union Pacific's application but prior to the decision of the SIB, the parties engaged in certain discussions which focused upon Carrier's request that the Organization support the merger of UP and SP These discussions resulted in the parties exchanging certain commitments, which were outlined in letters dated March 8 (2), March 9 and March 22, 1996. On May 14, 1997, the Carriers served notice of their intent to merge and consolidate operations generally in the following territories: Union Pacific: North Little Rock to Longview (not including Longview or Texarkana) North Little Rock to Monroe/Livonia (not including Livonia but including Alexandria) North Little Rock to Shreveport (not including Shreveport) North Lithe Rock to Van Buren (not including Van Buren) North Little Rock to Memphis North Little Rock to Dexter North Little Rock to Pine Bluff North Lithe Rock Terminal Paragould to Lexa SSW: Pine Bluff to Big Sandy (not including Texarkana or Big Sandy) Pine Bluff to Shreveport (not including Shreveport) Pine Bluff to Memphis Pine Bluff to Dexter Pine Bluff to North Little Rock Pine Bluff Terminal Pursuant to Section 4 of the New York Dock protective conditions, in order to achieve the benefits of operational changes made possible by the transaction and to modify collective bargaining agreements to the extent necessary to obtain those benefits, IT IS AGREED: ARTICLE I WORK AND ROAD POOL CONSOLIDATIONS The following work/road pool consolidations and/or modifications will be made to existing runs. A. Zone 1 Seniority District 1. Territory Covered: North Little Rock to Dexter (North) (not including Dexter) North Little Rock to Memphis Pine Bluff to Dexter (not including Dexter) Pine Bluff to Memphis Paragould to Lexa 2. Territory Covered: North Little Rock to Longview (not including (South) Longview, Marshall or Texarkana) North Little Rock to Shreveport (not including Texarkana or Shreveport) Pine Bluff to Big Sandy (not including Texarkana, Mt. Pleasant or Big Sandy) Pine Bluff to Shreveport (not including Shreveport) The above includes all main lines, branch lines, industrial leads, yard tracks and stations between or located at the points indicated. Where the phrase “not including” is used above, it refers to other than through freight operations, but does not restrict through freight engineers from operating into/out of such terminals/points or from performing work at such terminals/points pursuant to the designated collective bargaining agreement provisions. North Operations 3. All North Little Rock to Poplar Bluff and Pine Bluff to lllmo pool freight service shall be combined into one (1) pool with North Little Rock/Pine Bluff as the home terminal. Dexter will serve as the away from home terminal. Engineers operating between North Little Rock/Pine Bluff and Dexter may utilize any combination of UP and SSW tracks between such points. The on duty location for this pool shall be at North Little Rock. a. The pool described above shall be slotted, and Attachment “B” lists the slotting order for the pool. Former UP and SSW engineers shall have prior rights to said pools turns as set forth in said Attachment “B”. The Carrier and the Organization shall mutually agree on the number of turns subject to this arrangement. If turns in excess of that number are established or any of such turns be unclaimed by a prior rights engineer, they shall be filled from the zone roster, and thereafter from the common roster. b. The UP pool presently protecting coal train service North Little Rock to/from Newport shall remain a separate pool and shall be unaffected by this Agreement. c. The current UP Dupo-Memphis ID pool shall be suspended upon implementation of this Agreement. d. The current UP Salem-Poplar Bluff ID pool shall continue as present except that runs shall begin and end at Dexter rather than Poplar Bluff. From time of implementation of this Agreement until time of implementation of a Merger Implementing Agreement for the St. Louis Hub, engineers in the Salem-Poplar Bluff ID pool shall be paid district miles to and from Poplar Bluff even though running only to/from Dexter. This payment of constructive miles is an interim measure which terminates when the St. Louis Hub is completed. e. The current SSW St. Louis to Illmo pool shall be extended to Dexter upon implementation of this Agreement, with payment of additional district miles being made for such extended runs. f. The current UP Dupo to Poplar Bluff pool shall continue as present except that runs shall begin and end at Dexter rather than Poplar Bluff. From time of implementation of this Agreement until time of implementation of a Merger Implementing Agreement for the St. Louis Hub, engineers in the Dupo-Poplar Bluff pool shall be paid district miles to/from Poplar Bluff even though running only to/from Dexter. This payment of constructive miles is an interim measure which terminates when the St. Louis Hub is completed. 4. All North Little Rock to Memphis and Pine Bluff to Memphis pool freight service shall be combined into one (1) pool with North Little Rock/Pine Bluff as the home terminal. Memphis will serve as the away from home terminal, and shall cease to function as a home terminal for pool service between North Little Rock and Memphis. Engineers operating North Little Rock/Pine Bluff and Memphis may utilize any combination of UP and SSW tracks between such points. a, The pool described above shall be slotted, and Attachment “C” lists the slotting order for the pool. Former UP and SSW engineers shall have prior rights to said pool turns as set forth cin said Attachment “C”. The Carrier and the Organization shall mutually agree on the number of turns subject to this arrangement. If turns in excess of that number are established or any of such turns be unclaimed by a prior rights engineers they shall be filled from the zone roster, and thereafter from the common roster. b. Engineers protecting through freight service in the North Little Rock/Pine Bluff to Memphis pool described in Article l.A.4. above shall be afforded lodging at North Little Rock, if requested, pursuant to the terms of this Agreement. The option to exercise “reverse lodging” at the home terminal must be initiated with CMS within thirty (30) days following the date of implementation of this Agreement and remains in effect for a one (1) year period, renewable annually thereafter. This provision does not apply to employees hired on or after the date of this Agreement. c. Engineers protecting through freight service in the North Little Rock/Pine Bluff to Memphis pool, who have elected the reverse lodging option described in b. above shall have lay off privileges at the away from home terminal consistent with the designated collective bargaining agreement rules and practices. When an engineer lays off at the away from home terminal, such vacancy will be filled by the extra board at Memphis, if in existence. 5. Pool freight engineers in the North Little Rock/Pine Bluff-Dexter and North Little Rock/Pine Bluff-Memphis pools may not be used to handle their through freight trains, either at the beginning or the end of their trip, from North Little Rock to Pine Bluff or vice versa. Such trackage may only be used by such engineers under the 25-mile zone provisions described below. a. Pool freight engineers described above may receive their train up to twenty-five (25) miles on the far side of the terminal or receive or deliver their train up to twenty-five (25) miles on the UP Monroe Subdivision between North Little Rock and Pine Bluff without claim or complaint from any other engineer. b. For purposes of the application of this Agreement, the lines of demarcation shall be the terminal (switching) limits of North Little Rock and Pine Bluff Terminals prior to the implementation of this Agreement. For the territory between North Little Rock and Pine Bluff, the engineer must operate south of UP Monroe Subdivision MilePost 315.7, vicinity of North Little Rock, or north of UP Monroe Subdivision Mile Post 346.0, vicinity of Pine Bluff. c. When so used, the engineer shall be paid an additional one half (½) day at the basic pro rata through freight rate in addition to the district miles of the run. If the time spent beyond the terminal is greater than four (4) hours, then they shall be paid on a minute basis at the basic pro rata through freight rate. 6. Concurrent with the suspension of ID service between Dupo and Memphis under 3.c. above, a new short pool shall be established for handling of pool freight service between Dexter and Memphis with Dexter as the home terminal. Memphis will serve as the away from home terminal, and shall cease to function as a home terminal for service between Dupo and Memphis. Engineers operating between Dexter and Memphis may utilize any combination of UP and SSW tracks between such points. a. Hours of Service relief of through freight trains destined for Memphis, whether in the Dexter-Memphis pool or the North Little Rock/Pine Bluff-Memphis pool, shall be performed by the extra board at Memphis, if in existence. If not, it shall be performed by the first out rested away from home terminal engineer in the appropriate pool. Upon completion of such service, said engineer shall be placed first out upon arrival subject to rest for service or deadhead to the home terminal. If no extra board engineer is available and there are no rested away from home terminal engineers, such relief will be protected from the North Little Rock or Dexter engineers on a straight away basis. 7. In addition to protecting pool freight service between Dexter and Memphis, a sufficient number of engineers shall be maintained at Dexter to protect all other service requirements at or in the vicinity of said location, including but not limited to: a. Local, road switcher, yard, work, wreck, or any other service headquartered at or in the vicinity of Poplar Bluff, including operations on the DeSoto Subdivision between Poplar Bluff and Gads Hill. b. Local, road switcher, yard, work, wreck, or any other service headquartered at or in the vicinity of Dexter, including Jonesboro, lllmo and Paragould. c. All Hours of Service relief of pool freight engineers within a fifty (50) mile radius of Dexter in any direction which are not performed by road engineers under a 25-mile zone provision. d. New Madrid coal trains operating between Dexter and the power plant, including handling thereof from/to Illmo when stored or staged at that location. e. Sikeston coal trains operating between Poplar Bluff and Sikeston. During the interim period between implementation of this Agreement and implementation of a St. Louis Hub Agreement, engineer staffing needs at Dexter to protect the above service shall be drawn from existing engineers at Poplar Bluff and Illmo. Final arrangements shall be negotiated in the St. Louis Hub Agreement. 8. At Dexter, away from home terminal engineers called to operate through freight service to either North Little Rock/Pine Bluff or Memphis may receive the train for which they were called up to twenty-five (25) miles on the far side of the terminal and run back through Dexter to their destination without claim or complaint from any other engineer. When so used, the engineer shall be paid an additional one-half (1/2) day at the basic pro rata through freight rate for this service in addition to the district miles of the run. If the time spent beyond the terminal under this provision is greater than four (4) hours, then they shall be paid on a minute basis at the basic pro rata through freight rate. 9. Engineers of the St. Louis Hub may have certain rights to be defined, if any, in the Implementing Agreement for that hub, to receive their through freight trains up to twenty-five (25) miles on the far side of the terminal and run back through the terminal without claim or complaint from any other engineers. 10. The terminal limits of Dexter shall extend between Mile Posts 46.0 and 53.0 on the SSW lllmo Subdivision and to Mile Post 188.0 on the UP Chester Subdivision. 11. It is the intent of the parties that all the work described in Sections 6 and 7 above shall belong to the St. Louis Hub. Effective upon implementation of this Agreement, all of said work shall be performed by such engineers at Dexter and shall not be under the jurisdiction of the North Little Rock/Pine Bluff Hub in any manner. a. The integration of the above engineers and work shall be more definitively described in the Merger Implementing Agreement covering the St. Louis Hub. b. In the interim period between the implementation of this Agreement and a Merger Implementing Agreement for the St. Louis Hub, former SSW and UP engineers shall be maintained on separate rosters and extra boards for purposes of continuing to protect their prior pools, assignments and extra service. Hours of service relief of North Little Rock/Pine Bluff Hub crews pursuant to Section 7.c. above shall be performed by the two interim extra boards at Dexter on an alternating basis. 12. AII UP and SSW operations within the Memphis terminal limits shall be consolidated into a single operation. All existing yard assignments at Memphis shall be converted to road switcher assignments upon implementation of this Agreement. All road crews may receive/leave their trains at any location within the terminal and may perform work within the terminal pursuant to the designated collective bargaining agreement provisions, including national agreements. All rail lines, yards and/or sidings within the Memphis Terminal will be considered as common to all engineers working in, into and out of Memphis. Interchange rules are not applicable to intra-carrier moves within the terminal. a. Upon completion of a new intermodal facility at Ebony, engineers may originate and/or terminate their runs at said facility. Since road trains will also originate at a variety of other locations within the Memphis Terminal, none of which will include the present Sargeant Yard, it is agreed that the designated on and off duty location shall be at the lodging facility. The appropriate Local Chairman shall participate in the selection of the lodging facility and insure that all necessary CRT's, printers, lockers, etc. are made available at said lodging facility. b. The westward terminal limits of the consolidated Memphis terminal are as follows: SSW: Mile Post 4.1 (Memphis Line) UP: Mile Post 375.8 (Memphis Sub) Pre-existing eastward terminal limits remain unchanged. 13. Engineers will be provided lodging at all of the away from home terminal locations pursuant to existing agreements, and the Carrier shall provide transportation to engineers between the on/off duty location and the designated lodging facility. 14. At all terminals the Carrier will designate the on/off duty points for all road and yard crews, with these on/off duty points having appropriate facilities as currently required in the designated collective bargaining agreement. 15. Engineers protecting pool freight or other road service which originates in the North Little Rock/Pine Bluff Terminal, upon making the return trip into said terminal, shall be provided transportation to the same on/off duty location in the home terminal from which they commenced service. Time consumed in being transported, calculated from time relieved (train comes to rest), shall be paid for on a minute basis at the basic pro rata through freight rate, separate and apart from the service trip, with a minimum of two (2) hours. South Operations 16. All North Little Rock - Texarkana/Mineola, Pine Bluff - Texarkana and Pine Bluff - Shreveport pool operations shall be combined into one (1) pool with North Little Rock/Pine Bluff as the home terminal. Longview and Shreveport will serve as the respective away from home terminals. The on duty location for this pooi shall be at Pine Bluff. Engineers in this pool may operate to either Longview/Big Sandy or Shreveport. Engineers operating to Big Sandy via Mt. Pleasant shall be transported to their final terminal of Longview and be paid time or miles, whichever is greater, from time relieved (train comes at rest) at the basic pro rata through freight rate. Engineers called on duty at Longview and transported to their train at Big Sandy to be operated via Mt. Pleasant shall be paid the additional miles as part of the district miles. Engineers operating between North Little Rock/Pine Bluff and Longview/Big Sandy or Shreveport may utilize any combination of UP and SSW tracks between such points. All engineers shall be maintained on one (1) away from home terminal board on a first-in, first-out basis at Longview, based upon arrival at Longview, subject to Article IV.C. of this Agreement. a. The pool described above shall be slotted, and Attachment “D” lists the slotting order for the pool. Former UP(MP), UP(TP), and 55W engineers shall have prior rights to said pool turns as set forth in said Attachment “D”. The Carrier and the Organization shall mutually agree on the number of turns subject to this arrangement. If turns in excess of that number are established or any of such turns be unclaimed by a prior • rights engineer, they shall be filled from the zone roster, and thereafter from the common roster. b. Coal trains destined for Winfield on the SSW Commerce Subdivision or empty movements therefrom shall also be handled by this pool. Engineers in this pool shall leave or receive such trains at Texarkana for handling to/from the plant by engineers of the Longview Hub. it is understood that road engineers leaving such trains at Texarkana will be transported to Longview (and vice versa on the empty movement) and paid district miles thereto. Coal trains destined for Winfield via Big Sandy and empty movements from Winfield to Big Sandy shall be handled by engineers of the Longview Hub. c. The current UP North Little Rock-Mineola ID pool shall be suspended upon implementation of this Agreement. d. In the event operating conditions require operations from North Little Rock/Pine Bluff to Longview/Big Sandy via Shreveport, such runs shall terminate at Shreveport and be handled between Shreveport and Longview by engineers of the Longview Hub. e. In the event operating conditions require operations from Little Rock/Pine Bluff to Shreveport via Longview/Big Sandy, such runs shall terminate at Longview and be handled between Longview and Shreveport by engineers of the Longview Hub. 17. As set forth in the Implementing Agreement for the Longview Hub, for purposes of road engineers leaving or receiving road trains, the terminal limits of Shreveport have been extended westward to Mile Post 323.8 on the UP Reisor Subdivision. It is understood that road engineers shall be paid the additional road miles operated when leaving or receiving their trains at Reisor. 18. At Longview/Big Sandy or Shreveport, away from home terminal engineers called to operate through freight service to North Little Rock/Pine Bluff may receive the train for which they were called up to twenty-five (25) miles on the far side of the terminal and run back through Longview, Big Sandy or Shreveport to their destination without claim or complaint from any other engineer. When so used, the engineer shall be paid an additional one-half (½) day at the basic pro rata through freight rate for this service in addition to the district miles of the run. If the time spent beyond the terminal under this provision is greater than four (4) hours, they shall be paid on a minute basis at the basic pro rata through freight rate. 1 9. Hours Of Service relief of through freight trains operating southbound from North Li ttle Rock/Pine Bluff to either Shreveport or Longview/Big Sandy which have not reached Lewisville or Texarkana shall be protected by engineers at North Little Rock/Pine Bluff. If such trains have reached Lewisville or Texarkana or beyond, Hours of Service Law Relief may be performed by the Shreveport or Longview extra board, unless Carrier desires to dispatch an engineer from North Little Rock/Pine Bluff for crew balancing purposes. It is also understood that through freight crews may provide relief of such trains under a 25-mile zone provision. 20. Assignments other than through freight service, as described above, which originate at Shreveport, Marshall, Texarkana, Mt. Pleasant, Longview and Big Sandy, are not comprehended by the North Little Rock/Pine Bluff Hub and shall be protected by engineers of the Longview Hub. 21. Engineers operating in the directional pool shall be provided lodging at Longview. Engineers being transported from Shreveport to Longview for lodging shall be paid the greater of mileage (55 miles), at the basic pro rata through freight rate, or time consumed, calculated from time relieved (train comes to rest), on a minute basis at the basic pro rata through freight rate, separate and apart from the service trip. Engineers called for service to operate Shreveport to North Little Rock/Pine Bluff shall be paid for the time being transported between Longview and Shreveport on the same basis. 22. Engineers will be provided lodging at all of the away from home terminal locations pursuant to existing agreements, and the Carrier shall provide transportation to engineers between the on/off duty location and the designated lodging facility. 23. At all terminals the Carrier will designate the on/off duty points for all road and yard engineers, with these on/off duty points having appropriate facilities as currently required in the collective bargaining agreement. 24. Engineers protecting pool freight or other road service which originates in the North Little Rock/Pine Bluff Terminal, upon making the return trip into said terminal, shall be provided transportation to the same on/off duty location in the home terminal from which they commenced service. Time consumed in being transported, calculated from time relieved (train comes to rest) from duty, shall be paid for on a minute basis at the basic pro rata rate, separate and apart from the service trip, with a minimum of two (2) hours. 25. Pool freight engineers in the North Little Rock/Pine BluffShreveport/Longview/Big Sandy pool may not be used to handle their through freight trains, either at the beginning or the end of their trip, from North Little Rock to Pine Bluff or vice versa. Such trackage may only be used by such engineers under the 25-mile zone provisions described below. a. Pool freight engineers described above may receive their train up to twenty-five (25) miles on the fair side of the terminal or receive or deliver train up to twenty-five (25) miles on the UP Monroe Subdivision between North Little Rock to Pine Bluff without claim or complaint from any other engineer. b. For purposes of the application of this Agreement, the lines of demarcation shaJl be the terminal (switching) limits of North Little Rock to Pin~ Bluff Terminals prior to the implementation of this Agreemen~. For the territory between North Little Rock to Pine Bluff, the engineer must operate south of UP Monroe Subdivision Mile Post 315.7, vicinity of North Little Rock, or north of UP Monroe Subdivision Mile Post 346.0, vicinity of Pine Bluff. c. When so used, the engineer shall be paid an additional one half (½) day at the basic pro rata through freight rate in addition to the district miles of the run. If the time spent beyond the terminal under this provision is greater than four (4) hours, then they shall be paid on a minute basis at the basic pro rata through freight rate. B. Zone 2 - Seniority District 1. Territory Covered: North Little Rock/Pine Bluff to Van Buren (not including Van Buren or North Little Rock/Pine Bluff Terminal) The above includes all main lines, branch lines, industrial leads, yard tracks and stations between or located at the points indicated. Where the phrase “not including” is used above, it refers to other than through freight operations, but does not restrict through freight engineers from operating into/out of such terminals/points or from performing work at such terminals/points pursuant to the designated collective bargaining agreement provisions. 2. Existing North Little Rock-Van Buren pool operations shall be preserved under this Agreement. The on duty location for this pool shall be at North Little Rock. Engineers arriving from or departing to Van Buren may leave or receive their trains anywhere within the North Little Rock/Pine Bluff Terminal, subject to Section 5 below, and perform any work in connection therewith as permitted by local or national agreements. North Little Rock/Pine Bluff will serve as the home terminal. Van Buren will serve as the away from home terminal. a, The Carrier and the Organization shall mutually agree on the number of turns which shall be prior righted to engineers of this prior rights zone. If turns in excess of that number are established or any of such turns be unclaimed by a prior rights engineer, they shall be filled from the zone roster, and thereafter from the common roster. b. Hours of service relief of trains operating from North Little Rock/Pine Bluff to Van Buren may be protected by rested away from home terminal engineers at Van Buren if the train has reached Spadra or beyond. If the train has not reach Spadra, a home terminal engineer at North Little Rock/Pine Bluff shall be used to provide such relief. 3. Engineers will be provided lodging at the away from home terminal pursuant to existing agreements in this pool and the Carrier shall provide transportation to engineers between the on/off duty location and the designated lodging facility. 4. Engineers in this pool making a return trip from the away from home terminal shall be provided transportation to the same on/off duty location in the home terminal from which they commenced service. Time consumed in being transported, calculated from time relieved (train comes to rest) shall be paid for on the minute basis at the basic pro rata through freight rate, separate and apart from the service trip, with a minimum of two (2) hours. 5. Zone 2 pool freight engineers may not be used to handle their through freight trains either at the beginning or the end of their trip, from North Little Rock to Pine Bluff or vice versa. Such trackage may only be used by such engineers under the 25-mile zone provisions described below. a. Pool freight engineers described above may receive their train up to twenty-five (25) miles on the fair side of the terminal or receive or deliver train up to twenty-five (25) miles on the UP Monroe Subdivision between North Little Rock to Pine Bluff without claim or complaint from any other engineer. b. For purposes of the application of this Agreement, the lines of demarcation shall be the terminal (switching) limits of North Little Rock to Pine Bluff Terminals prior to the implementation of this Agreement. For the territory between North Little Rock to Pine Bluff, the engineer must operate south of UP Monroe Subdivision Mile Post 315.7, vicinity of North Little Rock, or north of UP Monroe Subdivision Mile Post 346.0, vicinity of Pine Bluff: c. When so used, the engineer shall be paid an additional one half (½) day at the basic pro rata through freight rate in addition to the district miles of the run. If the time spent beyond the terminal under this provision is greater than four (4) hours, then they shall be paid on a minute basis at the basic pro rata through freight rate. 6. Engineers utilizing the provisions of 5. above to deliver and spot their loaded coal trains to White Bluff shall not thereafter be required to handle empty coal trains, cars or power from White Bluff back to North Little Rock prior to final tie-up. C. Zone 3 Seniority District Territory Covered: North Little Rock/Pine Bluff to Monroe/Livonia (not including Livonia or North Little Rock/Pine Bluff Terminal but including Alexandria) The above includes all main lines, branch lines, industrial leads, yard tracks and stations between or located at the points indicated. Where the phrase “not including” is used above, it refers to other than through freight operations, but does not restrict through freight engineers from operating into/out of such terminals/points or from performing work at such terminals/points pursuant to the designated collective bargaining agreement provisions. 2. Existing North Little Rock-Monroe pool operations shall be preserved under this Agreement. The on duty location for this pool shall be at North Little Rock. Engineers arriving from or departing to Monroe may leave or receive their trains anywhere within the North Little Rock/Pine Bluff Terminal and perform any work in connection therewith as permitted by local or national agreements. North Little Rock/Pine Bluff will serve as the home terminal. Monroe will serve as the away from home terminal. a. The Carrier and the Organization shall mutually agree on the number of turns which shall be prior righted to engineers of this prior rights zone. If turns in excess of that number are established or any such turns be unclaimed by a prior rights engineer, they shall be filled from the zone roster, and thereafter from the common roster. b. Current UP operations between Monroe and Alexandria and the current Monroe-Livonia ID service shall continue without change under this Agreement. c. Hours of Service relief of trains operating from North Little Rock/Pine Bluff to Monroe may be protected by rested away from home terminal engineers at Monroe if the train has reached Bonita or beyond. If the train has not reached Bonita, a home terminal engineer at North Little Rock/Pine Bluff shall be used to provide such relief. d, Local service headquartered at Alexandria and operating between Alexandria and Livonia shall belong to Zone 3 engineers of the North Little Rock/Pine Bluff Hub, and vacancies thereon from the Zone 3 extra board at Alexandria. 3. Engineers will be provided lodging at the away from home terminal pursuant to existing agreements in this pool and the Carrier shall provide transportation to engineers between the on/off duty location and the designated lodging facility. 4. Existing UP operations at Rodemacher will continue under this Agreement unaffected by any terms/language contained herein. 5. Engineers in this pool making a return trip from the away from home terminal shall be provided transportation to the same on/off duty location in the home terminal from which they commenced service. Time consumed in being transported, calculated from time relieved (train comes to rest), shall be paid for on a minute basis at the basic pro rata through freight rate, separate and apart from the service trip, with a minimum of two (2) hours. 6. At North Little Rock/Pine Bluff engineers protecting pool freight service in the territories defined by Article l. C. (Zone 3) may receive the train for which called up to twenty-five (25) miles on the far side of the terminal without claim or complaint from any other engineer. The twenty-five (25) mile zone begins at the North Little Rock/Pine Bluff terminal limits as defined in Article 1.E.4. of this Agreement. When so used, the engineer shall be paid an additional one half (½) day at the basic pro rata through freight rate in addition to the district miles of the run. If the time spent beyond the terminal under this provision is greater than four (4) hours, then they shall be paid on a minute basis at the basic pro rata through freight rate. It is understood that engineers performing service in the territories defined by Article 1.0. may leave or receive their train at any location between North Little Rock and Pine Bluff without additional compensation and without claim or complaint from any engineer. D. North Little Rock/Pine Bluff Terminal 1. Territory Covered: North Little Rock Terminal Pine Bluff Terminal UP Monroe Subdivision trackage between North Little Rock and Pine Bluff Former SP Little Rock (aka “N”) Branch trackage between North Little Rock and Pine Bluff The above includes all main lines, branch lines, industrial leads, yard tracks and stations between or located at the points indicated. 2. All UP and SSW operations within the new North Little Rock/Pine Bluff terminal limits shall be consolidated into a single operation. All road engineers may receive/leave their trains at any location within the terminal and may perform work within the terminal pursuant to the designated collective bargaining agreement provisions, subject only to the specific restrictions set forth in this Agreement. The Carrier will designate the on/off duty points for all road and yard engineers, with these on/off duty points having appropriate facilities as currently required in the collective bargaining agreement. 3. All rail lines, yard and/or sidings within the North Little Rock/Pine Bluff Terminal will be considered as common to all engineers working in, into and out of North Little Rock/Pine Bluff. 4. Terminal limits for the consolidated North Lithe Rock/Pine Bluff Terminal are as follows: SSW Mile Post lllmo Subdivision 261.4 Pine Bluff Subdivision 2712 UP Mile Post Hoxie Subdivision 338.0 Little Rock Subdivision 357.20 Van Buren Subdivision 346.20 Monroe Subdivision 353.6 E. In all of the zones, when local, work, wreck, HOS relief, or other such road runs are called or assigned which operate exclusively within the territorial limits of one of the zones established in this Agreement, such service shall be protected by engineers in such zone. If such run or assignment extends across territory encompassing more than one zone contemplated by this Agreement, it will be protected by engineers in the zone in which such service is home terminaled. ARTICLE II - SENIORITY CONSOLIDATIONS A. To achieve the work efficiencies and allocation of forces that are necessary to make the North Little Rock/Pine Bluff Hub operate efficiently as a unified system, a new seniority district will be formed and a master Engineer Seniority Roster - UP/BLE North Little Rock/Pine Bluff Merged Roster #1 will be created for the employees assigned in the North Little Rock/Pine Bluff Hub on the date of implementation of this Agreement. The new roster will be divided into three (3) zones as described in Article l.A., LB. and I. C. above. B. Prior rights seniority rosters will be formed covering each of the three (3) zones outlined above. Placement on these rosters and awarding of prior rights to their respective zones shall be based on the following: 1. Zone 1 - This roster will consist of former SSW engineers with prior rights on the Arkansas and Missouri (Roster Nos. 302101 and 308101), the Texas (Roster Nos. 301101 and 307101), and former UP engineers with prior rights on the North Little Rock/Poplar Bluff (Roster Nos. 039111 and 040111) Consolidated Arkansas-Memphis (Roster Nos. 032111 and 036101) and Ft. Worth Merged 7 (TP) (Roster No. 012111). 2, Zone 2 - This roster will consist of former UP engineers with prior rights on North Little Rock-Van Buren (Central Division) Roster No. 034101). 3. Zone 3 - This roster will consist of former UP engineers with prior rights on Louisiana Division (Roster No. 035101), UP Avondale (Roster No. 016101) and TP Shreveport (Roster No. 015101). 4. North Little Rock/Pine Bluff Terminal - The consolidated terminal shall not comprise a separate prior rights seniority zone. However, for purposes of filling regular yard assignments, the assignments will be prior righted as per Side Letter No. 15. C. Seniority integration of the engineers from the above affected former rosters into one (1) common seniority roster will be done on a dove-tail basis using the current date of seniority as a locomotive engineer. D. Entitlement to assignment on subject consolidated roster shall be by canvass of the employees contributing equity to each of the zones set forth herein. E. Any engineer working in the territories described in Article I. on the date of implementation of this Agreement, but currently reduced from the engineers working list, shall also be given a place on the roster and prior rights. Engineers currently forced to this territory will be given a place on the roster and prior rights if so desired; otherwise, they will be released when their services are no longer required and will not establish a place on the new roster. F. UP and SSW engineers currently on an inactive roster pursuant to previous merger agreements shall participate in the roster formulation process described above based upon their date of seniority as a locomotive engineer. G. Engineers on each of the prior rights rosters described above will be afforded common seniority on the other zones outside their prior rights zone. All such common seniority shall be based upon the current date of seniority as a locomotive engineer. If this process results in employees having identical common seniority dates, seniority will be determined by the employee's fireman's date and if there are still identical dates, seniority will be determined by the random method of comparing the last four (4) digits of each employee's Social Security Number, with the larger number ranking first. H. With the creation of the new seniority described herein, all previous seniority outside the North Little Rock/Pine Bluff Hub held by engineers outside the new hub shall be eliminated and all seniority inside the new hub held by engineers outside the hub shall be eliminated. Upon completion of consolidation of the rosters and implementation of this hub, it is understood that no engineer may be forced to any territory on assignment outside the North Little Rock/Pine Bluff Hub. The total number of engineers on the master UP/BLE North Little Rock/Pine Bluff Merged Roster #1 will be mutually agreed upon by the parties based upon anticipated service requirements. ARTICLE III - EXTRA BOARDS A. The extra boards listed below shall be established to protect vacancies and other extra board work into or out of the North Little Rock/Pine Bluff Hub or in the vicinity thereof. It is understood whether or not such boards are guaranteed boards is determined by the designated collective bargaining agreement. 1. Memphis. One Extra Board (combination road/yard) to protect all of the service described in l.A.6.a. and all other road service originating at or in the vicinity of Memphis, including vacancies at Lexa, Jonesboro and Paragould. 2. North Little Rock/Pine Bluff. One Extra Board (combination road/yard) to protect each of the following: a. Zone 1 pool freight extra service in the North Little Rock/Pine Bluff to Dexter and the North Little Rock/Pine Bluff to Memphis pools, all Zone 1 yard assignments within the former UP North Little Rock Terminal, and all other road service in Zone 1 originating at North Little Rock, including HOS relief of trains destined to North Little Rock, except as otherwise provided herein. This board will be headquartered at North Little Rock. b. Zone 1 pool freight extra service in the North Little Rock/Pine Bluff to Longview/Shreveport pool, all Zone 1 yard assign ments within the former 55W Pine Bluff Terminal, and all other road service in Zone 1 originating at Pine Bluff, including HOS relief of trains destined to Pine Bluff, except as otherwise provided herein. This board will be headquartered at Pine Bluff. c. Zone 2 pool freight extra service in the North Little Rock/Pine Bluff to Van Buren pool, all Van Buren prior rights yard assignments within the former UP North Little Rock Terminal, and all other road service in Zone 2 originating at North Little Rock/Pine Bluff. This board will be headquartered at North Little Rock. d. Zone 3 pool freight extra service in the North Little Rock/Pine Bluff to Monroe pool, all Louisiana Division prior rights yard assignments within the former UP North Little Rock Terminal, and all other road service in Zone 3 originating at North Little Rock/Pine Bluff. This board will be headquartered at North Little Rock. 3. McGehee. One Extra Board (combination/road/yard) to protect service originating at or in the vicinity of McGehee. 4. Monroe. One Extra Board (combination road/yard) to protect service in the Monroe-Livonia pool, and all other service originating at or in the vicinity of Monroe, including El Dorado. 5. Alexandria. One Extra Board (combination road/yard) to protect the Rodemacher coal trains and all other road and/or yard service originating at or in the vicinity of Alexandria. 6. Gurdon. One Extra Board (combination road/yard) to protect all service originating at or in the vicinity of Gurdon. B. If additional extra boards are established or abolished after the date of implementation of this Agreement, it shall be done pursuant to the terms of the designated collective bargaining agreement. When established, the Carrier shall designate the geographic area the extra board will cover. ARTICLE IV - APPLICABLE AGREEMENTS A. All engineers and assignments in the territories comprehended by this Implementing Agreement will work under the Collective Bargaining Agreement currently in effect between the Union Pacific Railroad Company and the Brotherhood of Locomotive Engineers dated October 1, 1977 (reprinted October 1, 1991), including all applicable national agreements, the “local/national” agreement of May 31, 1996, and all other side letters and addenda which have been entered into between date of last reprint and the date of this Implementing Agreement. Where conflicts arise, the specific provisions of this Agreement shall prevail. None of the provisions of these agreements are retroactive. B. All runs established pursuant to this Agreement will be governed by the following: 1. Rates of Pay: The provisions of the June 1, 1998 National Agreement will apply as modified by the May 31, 1996 Local/National Agreement. 2. Overtime: Overtime will be paid in accordance with Article IV of the 1991 National Agreement. 3. Transporation: 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. 4. Suitable Lodging: Suitable lodging will be provided by the Carrier in accordance with existing agreements. C. Existing ID run provisions contained in the current UP North Little RockMineola ID Agreement shall apply to all runs in the south pool described in Article l.A. (South Operations). Articles 4,6, 7, 10, 11 and 12 of said UP North Little Rock-Mineola ID Agreement shall apply to all runs in the north pool described in Article l.A.3. D. Engineers will be treated for vacation, entry rates and payment of arbitraries as though all their time on their original railroad had been performed on the merged railroad. Engineers assigned to the Hub on the effective date of this Agreement (including) those engaged in engineer training on such date) shall have entry rate provisions waived. Engineers hired/promoted after the effective date of this Agreement shall be subject to National Agreement rate progression provisions. E. Engineers protecting pool freight operations on the territories covered by this Agreement shall receive continuous held-away-from-home terminal pay (HAHT) for all time so held at the distant terminal after the expiration of sixteen (16) hours. All other provisions in existing agreement rules and practices pertaining to HAHT pay remain unchanged. F. Except where specific terminal limits have been detailed in the Agreement, it is not intended to change existing terminal limits under applicable agreements. 0. Actual miles will be paid for runs in the new North Little Rock/Pine Bluff Hub. Examples are illustrated in Attachment “E”. ARTICLE V - FAMILIARIZATION A. Engineers involved in the consolidation of the North Little Rock/Pine Bluff Hub covered by this Agreement whose assignments require performance of duties on a new geographic territory not familiar to them will be given full cooperation, assistance and guidance in order that their familiarization shall be accomplished as quickly as possible. Engineers will not be required to lose time or ride the road on their own time in order to qualify for these new operations. B. Engineers will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory. Issues concerning individual qualification shall be handled with local operating officers. The parties recognize that different terrain and train tonnage impact the number of trips necessary and the operating officer assigned to the merger will work with the local Managers of Operating Practices in implementing this Section. If disputes occur under this Article they may be addressed directly with the appropriate Director of Labor Relations and the General Chairman for expeditious resolution. C. It is understood that familiarization required to implement the merger consolidation herein will be accomplished by calling a qualified engineer (or Manager of Operating Practices) to work with an engineer called for service on a geographic territory not familiar to him. D. Engineers hired subsequent to the effective date of this document will be qualified in accordance with current FRA certification regulations and paid in accordance with the local agreements that will cover the merged Hub. ARTICLE VI - IMPLEMENTATION A. The Carrier will give at least thirty (30) days' written notice of its intent to implement this Agreement. B. 1. Concurrent with the service of its notice, the Carrier will post a description of Zones 1, 2 and 3 described in Article 1 herein. 2. Ten (10) days after posting of the information described in B.l. above, the appropriate Labor Relations Personnel, CMS Personnel, General Chairmen and Local Chairmen will convene a workshop to implement assembly of the merged seniority rosters. At this workshop, the representatives of the Organization will participate with the Carrier in the construction of consolidated seniority rosters. At this time, engineers from the interested former rosters will be assigned to the new consolidated rosters. 3. Dependent upon the Carrier's manpower needs, the Carrier may develop a pool of representatives of the Organization, with the concurrence of the General Chairmen, which, in addition to assisting in the preparation of the rosters, will assist in answering engineers' questions, including explanations of the seniority consolidation and implementing agreement issues, discussing merger integration and familiarization issues with local Carrier officers and coordinating with respect to CMS issues relating to the transfer of engineers from one zone to another or the assignment of engineers to positions. C. The roster consolidation process shall be completed in five (5) days, after which the finalized agreed-to rosters will be posted for information and protest in accordance with the applicable agreements. If the participants have not finalized agreed-to rosters, the Carrier will prepare such rosters, post them for information and protest, will use those rosters in assigning positions, and will not be subject to claims or grievances as a result. D. Once rosters have been posted, those positions which have been created or consolidated will be bulletined for a period of five (5) calendar days. Engineers may bid on these bulletined assignments in accordance with applicable agreement rules. However, no later than ten (10) days after closing of the bulletins, assignments will be made. E. 1. After all assignments are made, engineers assigned to positions which require them to relocate will be given the opportunity to relocate within the next thirty (30) day period. During this period, the affected engineers may be allowed to continue to occupy their existing positions. If required to assume duties at the new location immediately upon implementation date and prior to having received their thirty (30) days to relocate, such engineers will be paid normal and necessary expenses at the new location until relocated, Payment of expenses will not exceed thirty (30) calendar days. 2. The Carrier may, at its option, elect to phase-in the actual implementation of this Agreement. Engineers will be given ten (10) days' notice of when their specific relocation/reassignment is to occur. ARTICLE VII - PROTECTIVE BENEFITS AND OBLIGATIONS A. All engineers who are listed on the prior rights North Little Rock/Pine Bluff (Zones 1, 2 and 3) merged rosters shall be considered adversely affected by this transaction and consolidation and will be subject to the New York Dock protective conditions which were imposed by the STB. It is understood there shall not be any duplication or compounding of benefits under this Agreement and/or any other agreement or protective arrangement. 1. Carrier will calculate and furnish TPA's for such engineers to the Organization as soon as possible after implementation of the terms of this Agreement. The time frame used for calculating the TPA's in accordance with New York Dock will be August 1, 1995 through and including July 31, 1996. 2. In consideration of blanket certification of all engineers covered by this Agreement for wage protection, the provisions of New York Dock protective conditions relating to “average monthly time paid for” are waived under this Implementing Agreement. 3. Test period averages for designated union officers will be adjusted to reflect lost earnings while conducting business with the Carrier. 4. National Termination of Seniority provisions shall not be applicable to engineers hired prior to the effective date of this Agreement. B. Engineers required to relocate under this Agreement will be governed by the relocation provisions of New York Dock. In lieu of New York Dock provisions, an employee required to relocate may elect one of the following options: 1. Non-homeowners may elect to receive an “in lieu of” allowance in the amount of $10,000 upon providing proof of actual relocation. 2. Homeowners may elect to receive an “in lieu of” allowance in the amount of $20,000 upon providing proof of actual relocation. 3. Homeowners in Item 2 above who provide proof of a bona fide sale of their home at fair value at the location from which relocated shall be eligible to receive an additional allowance of $10,000. a) This option shall expire within five (5) years from date of application for the allowance under Item 2 above. b) Proof of sale must be in the form of sale documents, deeds, and filings of these documents with the appropriate agency. NOTE: All requests for relocation allowances must be submitted on the appropriate form. 4. With the exception of Item 3 above, no claim for an “in lieu of” relocation allowance will be accepted after two (2) years from date of implementation of this Agreement. 5. Under no circumstances shall an engineer be permitted to receive more than one (1) “in lieu of” relocation allowance under this Implementing Agreement. 6. Engineers receiving an “in lieu of” relocation allowance pursuant to this Implementing Agreement will be required to remain at the new location, seniority permitting, for a period of two (2) years. ARTICLE VIII - SAVINGS CLAUSES A. The provisions of the applicable Schedule Agreement will apply unless specifically modified herein. B. It is the Carrier's intent to execute a standby agreement with the Organization which represents engineers on the former Memphis Union Terminal. Upon execution of that Agreement, said engineers will be fully covered by this Implementing Agreement as though the Organization representing them had been signatory hereto. C. Nothing in this Agreement will preclude the use of any engineers to perform work permitted by other applicable agreements within the new seniority districts described herein, i.e., yard engineers performing Hours of Service Law relief within the road/yard zone, ID engineers performing service and deadheads between terminals, road switchers handling trains within their zones, etc. D. The provisions of this Agreement shall be applied to all engineers covered by said Agreement without regard to race, creed, color, age, sex, national origin, or physical handicap, except in those cases where a bona fide occupational qualification exists. The masculine terminology herein is for the purpose of convenience only and does not intend to convey sex preference. ARTICLE IX - EFFECTIVE DATE This Agreement implements the merger of the Union Pacific and SSW railroad operations in the area covered by Notice dated May 14, 1997. Signed at Omaha, Nebraska, this 9th day of October, 1997. FOR THE BROTHERHOOD FOR THE CARRIERS: OF LOCOMOTIVE ENGINEERS: M.A. Hartman General Director-Labor Relations Union Pacific Railroad Co. M.L. Royal, Jr. W.E. Loomis General Chairman, BLE Director-Labor Relations Southern Pacific Transportation Co. D.E. Thompson General Chairman, BLE D.E. Penning General Chairman, BLE APPROVED: D.M. Hahs Vice President, BLE J.L. McCoy Vice President, BLE Side Letter No. 1 October 9, 1997 MR ML ROYAL JR MR DE THOMPSON GENERAL CHAIRMAN BLE GENERAL CHAIRMAN BLE 413 WEST TEXAS 414 MISSOURI BLVD SHERMAN TX75092-3755 SCOTT CITY MO 63780 MR D E PENNING GENERAL CHAIRMAN BLE 12531 MISSOURI BOTTOM RD HAZELWOOD MO 63042 Gentlemen: This refers to the Merger Implementing Agreement entered into this date between the Union Pacific Railroad Company, Southern Pacific Lines and the Brotherhood of Locomotive Engineers. During our negotiations we discussed ARTICLE 6- LIFE INSURANCE and ARTICLE 9-DISABILITY INSURANCE of the August 1, 1995 Agreement between Southern Pacific Lines and your Organization. It was your position that coverages provided by the former agreement should be preserved for the former SSW engineers covered by this Implementing Agreement. This will confirm that Carrier agreed that these insurance premiums would be maintained at current levels and would be grand fathered to those former SSW engineers who are covered by this Implementing Agreement and who are presently covered under those plans. These insurance premiums will be maintained at current levels for such employees for a six (6) year period commencing January 1, 1998, unless extended or modified pursuant to the Railway Labor Act. It is understood this Agreement is made without prejudice to the positions of either party regarding whether or not such benefits are subject to preservation under New York Dock and it will not be cited by any party in any other negotiations or proceedings. If the foregoing adequately and accurately sets forth our agreement in this matter, please so indicate by signing in the space provided for that purpose below. Yours truly, M. A. Hartman General Director - Labor Relations Signature page… M. L. Royal, Jr. D. E. Penning D.E. Thompson Side Letter No. 2 October 9, 1997 MR M L ROYAL JR MR D E THOMPSON GENERAL CHAIRMAN BLE GENERAL CHAIRMAN BLE 413 WEST TEXAS 414 MISSOURI BLVD SHERMAN TX 75092-3755 SCOTT CITY MO 63780 MR D E PENNING GENERAL CHAIRMAN BLE 12531 MISSOURI BOTTOM RD HAZELW000 MO 63042 Gentlemen: This refers to the Merger Implementing Agreement entered into this date between the Pacific Railroad Company, Southern Pacific Lines and the Brotherhood of Locomotive During our negotiations we discussed ARTICLE 7 - VACATION of the August 1, 1995 Agreement between Southern Pacific Lines and your Organization. This will reflect our understanding that those former SSW engineers who are covered by this Implementing Agreement and who are presently covered by the above agreement provision shall be entitled to obtain the benefits of said ARTICLE 7 for the duration of the period covered by that agreement, i.e., through December 31, 1998. Thereafter, vacation benefits shall be as set forth in the controlling agreement on the merged territory. If the foregoing adequately and accurately sets forth our agreement in this matter, please so indicate by signing in the space provided for that purpose below. Yours truly, M. A. Hartman General Director - Labor Relations Signature Page… M. L. Royal, Jr. D. E. Penning D. E. Thompson AGREED: Side Letter No. 3 October 9, 1997 MR D E PENNING MR D E THOMPSON GENERAL CHAIRMAN BLE GENERAL CHAIRMAN BLE 12531 MISSOURI BOTTOM RD 414 MISSOURI BLVD HAZELW000 MO 63042 SCOTT CITY MO 63780 MR M L ROYAL JR GENERAL CHAIRMAN BLE 413 WEST TEXAS SHERMAN TX 75092-3755 Gentlemen: This refers to the Merger Implementing Agreement entered into this date between the Union Pacific Railroad Company, Southern Pacific Lines, and the Brotherhood of Locomotive Engineers. In our discussions regarding Article V, this will confirm Carrier's commitment to provide copies of the designated collective bargaining agreement referenced therein to all former SP/SSW engineers comprehended by this Implementing Agreement at the earliest possible date, but no later than by date of implementation of this Agreement. The Carrier and the Organization agree there is language and articles in the designated collective bargaining agreement which pertain to territories outside the North Little Rock/Pine Bluff Hub. Both the Carrier and the Organization commit to undertake a process subsequent to implementation to produce copies of the designated collective bargaining agreement the provisions of which will apply only to this hub. It is understood this process will take an undetermined amount of time to complete. Therefore, the Carrier will provide the existing agreement in its current format no later than the implementation date of this Agreement. Yours truly, M. A. Hartman General Director-Labor Relations Side Letter No. 4 October 9, 1997 MR D E PENNING MR D E THOMPSON GENERAL CHAIRMAN BLE GENERAL CHAIRMAN BLE 12531 MISSOURI BOTTOM RD 414 MISSOURI BLVD HAZELWOOD MO 63042 SCOTT CITY MO 63780 MR M L ROYAL JR GENERAL CHAIRMAN BLE 413 WEST TEXAS SHERMAN TX 75092-3755 Gentlemen: This has reference to our negotiations covering the Merger Implementing Agreement entered into this date between the Union Pacific Railroad Company, Southern Pacific Lines and the Brotherhood of Locomotive Engineers. During these negotiations, the Organization expressed concern that engineers who expire on the Hours of Service Law would not be transported in a timely manner to the destination terminal. This will confirm the advice given to you, i.e., that when an engineer ties up on the Hours of Service before reaching the objective terminal, the Carrier will make every reasonable effort to relieve subject engineer and transport him to the tie up point, expeditiously. The Carrier recognized the interests of the railroad and its engineers are best served when a train reaches the final terminal within the hours of service. In the event this does not occur, the Carrier is committed to relieving that engineer and providing transportation as soon as practical. It is understood that this commitment contemplates transportation in the form of passenger vehicle, and engineers shall not be transported to the tie-up point after Hours of Service tie-ups by means of train except in case of emergency or extraordinary circumstances which make providing a vehicle impossible. In the event the Organization feels that this commitment is not being observed at a particular location, the General Chairman shall promptly contact the Director of Labor Relations in writing stating the reasons or circumstances thereof. Within ten (10) days after being contacted the Director of Labor Relations will schedule a conference between the parties to discuss the matter. and seek a resolution. The conference will include the appropriate General Manager or his designate. Yours truly, M.A. Hartman General Director - Labor Relations cc: D. M. Hahs President BLE J. L. McCoy -Vice President BLE Side Letter No. 5 October 9, 1997 MR D E PENNING MR D E THOMPSON GENERAL CHAIRMAN BLE GENERAL CHAIRMAN BLE 12531 MISSOURI BOTTOM RD 414 MISSOURI BLVD HAZELW000 MO 63042 SCOTT CITY MO 63780 MR M L ROYAL JR GENERAL CHAIRMAN BLE 413 WEST TEXAS SHERMAN TX 75092-3755 Gentlemen: This refers to the Merger Implementing Agreement for the North Little Rock/Pine Bluff Hub entered into this date. In discussing the relocation benefits in Article VlII.B. of the agreement, we discussed the situation where an employee may desire to sell his home prior to the actual implementation of the merger. Carrier committed to you that such employee would be entitled to treatment as a “homeowner” for relocation benefits purposes provided: 1. Upon actual implementation of the Merger Implementing Agreement the engineer meets the requisite test of having been “required to relocate”, 2. The sale of the residence occurred at the same location where claimant was working immediately prior to implementation, and 3. The sale of the residence occurred after the date of this Agreement. If the foregoing adequately and accurately sets forth our agreement in this matter, please so indicate by signing in the space provided for that purpose below. Yours truly, M. A. Hartman General Director - Labor Relations Signature Page… D. E. Penning Mr. D. E. Thompson Mr. M. L. Royal, Jr. Side Letter No. 6 October 9, 1997 MR D E PENNING MR D E THOMPSON GENERAL CHAIRMAN BLE GENERAL CHAIRMAN BLE 12531 MISSOURI BOTTOM RD 414 MISSOURI HAZELW000 MO 63042 SCOTT CITY MO 63780 MR ML ROYAL JR GENERAL CHAIRMAN BLE 413 WEST TEXAS SHERMAN TX 75092-3755 Gentlemen: This refers to the Merger Implementing Agreement entered into this date between Union Pacific Railroad Company, Southern Pacific Lines and the Brotherhood of Locomotive Engineers. The parties hereto realize that the merger of the former properties into a unified system is a complex undertaking and with the changes in operations and seniority territories, employees covered by this Agreement will be required to perform service on unfamiliar territory. Familiarization will be a large undertaking, and it is to the benefit of both parties that this process begin as soon as possible so that implementation can occur in a more orderly and rapid manner. Therefore, it is understood that Carrier may begin qualifying engineers on unfamiliar territory, to the extent it is feasible based upon operational and manpower constraints, between time of execution of this Implementing Agreement and date of implementation thereof. It is understood that familiarization will be accomplished in accordance with Article V -Familiarization of this Agreement. Employees making familiarization trips which involve greater mileages than their existing (pre-merger) runs will be paid actual mileage to the new objective terminal as contemplated in Article I of this Agreement. Local BLE officers will work with local Carrier officers to implement this Side Letter in the most effective manner. If the foregoing adequately and accurately sets forth our agreement in this regard, please so indicate by signing in the space provided for that purpose below. Yours truly, M. A. Hartman General Director- Labor Relations Signature Page… Mr. D. E. Penning Mr. D. E. Thompson Mr. M. L. Royal, Jr. Side Letter No. 7 October 9, 1997 MR D E PENNING MR D E THOMPSON GENERAL CHAIRMAN BLE GENERAL CHAIRMAN BLE 12531 MISSOURI BOTTOM RD 414 MISSOURI BLVD HAZELWOOD MO 63042 SCOTT CITY MO 63780 MR M L ROYAL JR GENERAL CHAIRMAN BLE 413 WEST TEXAS SHERMAN TX 75092-3755 Gentlemen: This has reference to the Merger Implementing Agreement for the North Little Rock/Pine Bluff Hub entered into this date. During our discussions we addressed the