In order to achieve the benefits of operational changes made possible by the transaction, to consolidate the seniority of all engineers working in the territory covered by this Agreement into one common seniority district covered under a single, common collective bargaining agreement,

IT IS AGREED:

I. Portland HubNew seniority districts shall be created that encompasses the following area:  UP territory including milepost 182.79 west of Seattle, Washington to Eastport, Idaho on the Spokane International to milepost 390.0 at Silver Bow Montana to milepost (Pocatello sub) 191.80 at McCammon, Idaho and to milepost (Pocatello sub) 0.64 at Granger, Wyoming; SP territory from (including) Chemult, Oregon to the Portland Terminal.  The Hub shall be divided into three zones as follows:

Zone 1 will include operations Chemult north to Seattle and Portland east to (not including) Hinkle.

Zones 2 and 3 are not defined in this document but will be addressed in implementing agreements/awards covering those zones.

NOTE 1:  Zone 1 shall include all main and branch lines, industrial leads and stations between the points identified.

NOTE 2: Crews with home terminals within a Zone may work to points outside the Zone and Hub without infringing on the rights of other engineers in other zones or Hubs.  The Zone identifies the on duty points for assignments and not the boundaries of assignments.  For example a road switcher on duty at Hinkle may work in any direction up to the limits of its radius as set by the road switcher agreement and a work train at Hinkle may work both east and west.  Both of these assignments would use Zone 2 crews without infringing on the rights of Zone 1  crews.  A Zone  1 pool freight crew would continue to operate through freight from Portland to Hinkle and perform the same work as it performed pre-merger.

NOTE 3: If former SP lines known as the Siskiyou and Coos Bay are reacquired by the Carrier then those lines that go as far as Bellview/Power will also be included in the SP prior right area.

NOTE 4:  Any trackage, either under lease or sale, that may be reacquired by the UP will be included in the appropriate prior right territory.

II. Seniority and Work Consolidation. 

The following Zone 1 seniority consolidations will be made:

A. A new seniority district will be formed and a master Engineer roster shall be created for Zone 1 for the engineers on the current SP Portland seniority roster and the current UP First Seniority District  roster and UP Second Seniority District  roster  or on a SP auxiliary board from a point inside Zone 1 but working outside Zone 1 or  UP engineer  borrowed out to other locations that will return to the Zone upon release.  It does not include borrow outs to the Zone, if any.   All such engineers must be on one of these rosters on October 1, 1997.

B. The new roster will be created as follows:

1. UP First Seniority District, UP Second Seniority District  and SP Engineers will be dovetailed based upon the current engineer seniority date within Zone 1. This shall include any engineer working in trainman/fireman service with an engineer's seniority date.  If this process results in engineers having identical seniority dates, seniority ranking will be determined by the engineer's earliest retained hire date with the Carrier.

2. All engineers who entered training and are promoted in Zone 1 after October 1, 1997 will be considered common engineers, have no prior rights and placed on the bottom of  the roster.   An engineer who entered engineer training prior to October 1, 1997 and finished the training after October 1, 1997 shall not be a common engineer but will have prior rights in the area they took promotion.

3. All engineers placed on the rosters may work all assignments protected by the roster in accordance with their seniority and the provisions set forth in this Agreement.

4. Engineers placed on the Portland Hub Zone 1 Roster shall relinquish all seniority outside the new roster area upon implementation of this Agreement and all seniority inside the Zone held by engineers outside the Zone shall be eliminated.  The seniority standing of engineers in more than one Zone of the Portland Hub will be finalized in the final Hub agreement.

5. Current 2nd District engineers working 2nd district assignments at Hinkle shall have the following options:

NON EXTRA BOARD ASSIGNMENTS

a. Be prior righted to the non extra board assignments and retain their zone 1 prior right and expanded seniority.  If they voluntarily leave the assignments the assignments shall no longer be  2nd district assignments and shall become  3rd district assignments until  zone 2 is covered by an agreement or an award and shall be further handled in zone 2 at that time.

b. If the assignments are abolished then the engineer shall be free to exercise his/her prior rights and expanded seniority.  If the positions are later reestablished then the engineers who held the assignments at implementation shall be automatically reassigned and when contacted shall have an  opportunity to return to it.  Should they decline and not return to it then it shall be treated as a voluntary relinquishment per 5(a) above.

EXTRA BOARD ASSIGNMENTS

c. Be prior righted to the  extra board assignments and retain their zone 1 prior right and expanded seniority.  If they voluntarily leave the assignments the assignments shall no longer be  2nd district assignments and shall become  3rd district assignments until  zone 2 is covered by an agreement or an award and shall be further handled in zone 2 at that time.

d. If the assignments are abolished then the engineer shall be free to exercise his/her prior rights and expanded seniority.  If the positions are later reestablished then the engineers who held the assignments at implementation shall be automatically reassigned and when contacted shall have an  opportunity to return to it.  Should they decline and not return to it then it shall be treated as a voluntary relinquishment per 5(c) above.

NOTE 1: All 2nd district assignments once vacated will no longer be available to former 2nd district engineers but initially to the 3rd district and finally to the Zone 2 roster.

C. Engineers who are on an authorized leave of absence or who are dismissed and later reinstated will have the right to displace to the appropriate roster, provided his/her seniority at time of displacement would have permitted him/her to hold that selection. The parties will create an inactive roster for all such engineers until they return to service in a Hub or other location at which time they will be placed on the appropriate seniority rosters and removed from the inactive roster.

D. At the time of implementation all assignments will be prior righted to the seniority district that have rights to the assignments on the day prior to implementation.  Prior rights shall also extend to the following pools up to the baseline established:

Seattle-Portland32
Portland-Hinkle52
Portland-Eugene/Oakridge32
Oakridge-Klamath Falls32

NOTE:  Portland Terminal shall be considered as common to all seniority districts for determining that service operates within a pre-merger seniority district.  For example, it does not matter where in the Portland terminal a pool freight assignment goes on duty, if it goes to Hinkle or Eugene or Oakridge then they would be prior right assignments.

E. Prior rights shall be phased out on the following schedule:

1. Portland Extra Boards- As Portland extra boards are consolidated they shall be filled using the dovetail roster.

NOTE :Because the first consolidated extra board shall be between the UP 1st and 2nd Districts then UP 1st and 2nd district engineers on an interim dovetail basis can make application for that assignment ahead of the SP.  Once the SP extra board is consolidated with the UP extra board,  full dovetail rights shall govern.

2. Portland yard assignments.- On the first day of the month following forty-eight (48) months from the date of implementation all Portland yard assignments shall no longer be filled on an 80UP/20SP basis (see page 8, this Article, section M) but, shall be filled using a 40UP/10SP basis for two more years.  The dovetail roster shall be used at the end of the six year period and for those assignments not covered by prior rights.

3. Pool assignments- The first day of the month following twenty-four (24) months from the date of implementation shall begin a four year period for the transition of prior right assignments in each pool to dovetail assignments.  At the end of each year the number of prior right turns (baseline) in each pool shall be transferred to dovetail assignments by 25% until the baseline is eliminated.

Example:The Portland-Hinkle pool baseline for the first three years is 52.  On the first day of the month after three years the baseline of prior right turns shall drop to 39.  On the first day of the month after four years from implementation the baseline shall drop to 26 turns.  This will continue for two more years with the baseline dropping to 13 and then zero.  It does not matter how many turns are in the pool at the time, only the baseline is being reduced.

4. Non-pool and non-yard assignments within the thirty mile radius- On the first day of the month following twenty-four months from the date of implementation, all non-pool and non-yard assignments within the thirty mile zone shall no longer have prior rights and shall be filled from the dovetail roster.

5. Other assignments- Any assignment within Zone 1 not covered above shall be filled using the dovetail roster on the same date that the last pool turns are also subject to the dovetail roster.

6. When  assignment(s) goes through the transition from prior right to dovetail there will be no re-advertising of the assignment(s), nor will the process generate a displacement.  It means that the next time an engineer places an application for the assignment or an engineer has a displacement from some other reason provided for in the CBA he/she shall do so on the basis of the dovetail roster.  There shall be no Sadie Hawkins Days during this transition period.

F. In addition to the above, the dovetail roster shall be used for all new non pool freight assignments that operate over two or more prior right areas, all pool freight assignments above the baseline and any prior right assignment not filled by a prior right engineer.

NOTE: Unassigned work trains shall be run off the extra board(s).  Until the extra boards are consolidated work trains will not work on more than one prior right road territory.  An unassigned work train may work on both a road territory and anywhere in the Portland terminal.  Work train service shall be governed by the controlling CBA.

G. New pool freight operations not covered in Article III of this Agreement and created after the implementation of this Agreement shall be covered under Article IX of the May 1986 National Arbitration Award  and seniority issues regarding rights to the new run(s) shall be determined at that time.  It is not the intent of this agreement to supplant existing runs with non pool assignments or create non pool assignments to avoid provisions of this Article.

H. Prior right UP 1st and 2nd District and SP engineers   will be required to protect all assignments  in their pre-merger prior rights area that still remain in the new zone 1.  In addition  they will be required to protect all consolidated extra boards and all other assignments that have a home terminal on duty point within thirty miles of the Portland Terminal limits.

I. When a permanent Zone 1 prior right vacancy exists at a point inside the thirty mile limit it shall be filled as follows:

1. The senior prior right applicant shall be assigned.   If no applicant, and a reserve board exists with prior right engineers on the reserve board, then the junior prior right reserve board engineer shall be recalled in accordance with the reserve board provisions of the surviving CBA.

2. If no prior right applicant and no prior right engineer on a reserve board, then the senior applicant with prior rights on another area, shall be assigned unless that applicant is required to fill a prior right assignment on his/her prior right area.

3. If no applicant with prior rights in another area then the junior reserve board engineer with prior rights in another area shall be recalled in accordance with the reserve board provisions of the surviving CBA.

4. If no such engineer on a reserve board then the senior common engineer who makes application shall be assigned.  If none then the senior demoted engineer shall be recalled.  If none then the junior engineer from the protecting extra board shall be assigned.

J. When a  permanent Zone 1 common vacancy exists at a point inside the thirty mile limit it shall be filled as follows:

1. The senior applicant with any prior rights from the dovetail roster shall be assigned.

2. If none, then the junior prior right engineer on all reserve boards shall be  recalled in accordance with the reserve board provisions of the surviving CBA.

3. If none, then the senior applicant with common rights shall be assigned.  If none, then the senior demoted engineer shall be recalled.  If none, then the junior engineer from the protecting extra board shall be assigned

K. When a permanent Zone I vacancy exists at a point outside the thirty mile limit it shall be filled as follows:

1. The senior prior right applicant shall be assigned.

2. If none, then the junior  engineer on a reserve board who holds prior rights to that assignment shall be recalled  in accordance with the reserve board provisions of the surviving CBA.

3. If none, then the senior applicant not holding prior rights to the assignment shall be assigned.

4. If there are no engineers on a reserve board who hold prior rights to the vacancy and no other applicants,  then the senior engineer who is demoted (prior rights to the assignment or common) shall be recalled and assigned to the vacancy.

5. If there are no applicants and no prior right reserve board or common demoted engineers, a protecting extra board engineer is forced to the assignment.  When selecting the junior engineer on the extra board, those engineers with prior rights on another area shall not beconsidered as the junior engineer.  In this case the junior engineer who can be forced to the assignment will be assigned.  That extra board position (the one within the thirty mile limit) may then be filled by recalling an engineer on a different reserve board.

Example: An assignment on the Albany road switcher (SP prior right) goes no bid.  If there are any former SP engineers on a reserve board they shall be recalled and the assignment filled through the displacement process.  If none on a reserve board then the senior demoted engineer who holds rights to the assignment (prior right or common) shall be recalled.   If none in that status, then the junior former SP engineer on the protecting extra board (Eugene) shall be assigned with an SP engineer on the Portland extra board filling the Eugene extra board if that position also goes no bid.  The junior reserve board engineer on the UP 1st and 2nd District reserve boards shall then be recalled for the filling of the Portland extra board vacancy if that position goes no bid.

NOTE: If engineers are on the bump board with vacancies pending, CMS may review their prior right status and other eligibility of these engineers prior to proceeding with the above steps.

L. The thirty mile limit restrictions, in (H) above, on force assigning shall be eliminated on the same day that all prior rights are eliminated.  Effective that day the provisions of Article II (H),(I),(J) and (K) shall no longer apply.  The application and vacancy provisions of the controlling CBA shall govern at that time.  When prior rights are eliminated, engineers will be required to protect all assignments in Zone 1.

M. For the first 48 month period that the yard prior rights are in effect,  the Portland yard assignments shall be prior righted on an 80(UP)/20(SP)% basis.  The next 24 months shall be on a 40/10 basis.  When possible, the 80/20 or 40/10 will be filled using the current geographical assignment basis, with the SP protecting Brooklyn assignments up to 20/10 % of the total and the UP protecting all other Portland terminal assignments.  When it is not possible to fill on this basis then the following shall govern:

1. If a reduction is made in one area and it is necessary to designate an assignment in another area, the first such assignment shall be on a daylight shift, the second on the afternoon shift and the third on the night shift and so forth.

2. The representative from the area being designated shall select the assignment on the first and third shift and the representative from the area losing the assignment shall select the assignment on the second shift.  If only one representative then the General Chairman shall make the selection.

Example: Several assignments are reduced at Brooklyn and it is necessary to designate three assignments in the UP area as SP assignments.  The UP representative shall select which assignments become SP on the first and third shifts and the SP representative shall select the assignment on the second shift.

3. If assignments are later reestablished in the former area then they shall be redesignated in accordance with (M) above.

4. The parties recognize that at the time of implementation that the numbers may not be 80/20.  If not, the parties will not automatically designate jobs in another area but will wait until assignments are reduced or added after implementation.  Attachment "A" shows the chart that will be used.

N. During the six year period there shall be a separate reserve board (total of three) for each of the three prior right seniority areas.  After the prior rights are eliminated there shall only be one reserve board for Zone 1.  While the reserve board provisions of the controlling CBA will govern, should a surplus of engineers develop, the Carrier may  use the opportunity to familiarize employees on other assignments in addition to using reserve boards when not needed in train service.  This would apply to those pre October 1, 1997 engineers when protected.

III. POOL OPERATIONS.

Pool operations within the Portland Hub zone 1 shall be run as follows:

A. Current UP 1st and 2nd District pool home and away from home terminals are not modified by this agreement.

B. SP pool operations shall be modified to add pool freight service between Portland (home terminal) and Oakridge (away from home terminal) and sufficient engineers shall be relocated to protect this service.

C. Oakridge-Klamath Falls and Dunsmuir-Oakridge service shall also be instituted and current Eugene-Klamath Falls service shall be discontinued.  Recognizing that some employees may commute to Oakridge from Eugene, if due to inclement weather at Oakridge after their return from Klamath Falls, the Carrier will assist with lodging at Oakridge if available. If requested an engineer may receive a two hour call for Oakridge service.

NOTE: The Carrier shall give  notice for the implementation of  service in (B) and (C) above if not given in the notice to implement this Zone 1 agreement.  The notice shall include the number of initial positions that will be changed.  Applications shall be accepted for 15 days for the new positions.  Engineers shall be notified of their assignment either by application or force in the seven days following close of applications.  Assignments shall be phased in beginning 30 days after the application closing date.  CMS will work with the local chairman with this process.  If additional positions are established within the first year, over and above the original number, the same process will be used.

D. When the Portland-Oakridge and Oakridge-Klamath Falls service is started, additional traffic may result in both the transfer of positions  and an increase in new positions.  Both new and transferred will be covered under the provisions of this agreement for a two year period.  New positions at Portland will be determined by using the average number of pool turns in the first quarter 1998 as the baseline number.  One must remember that employees will be going to assignments in Dunsmuir, Oakridge and Portland.

E. SP Engineers forced to Dunsmuir will be permitted to make application back to their original prior rights Zone.  The application must be on file within sixty (60) days of being forced and will be honored when vacancies of a minimum of thirty (30) days exist in the original SP prior right area of Zone 1 and there are no engineers their senior on reserve boards or demoted in that Zone.  If an engineer is recalled and declines the recall, then his/her application will be pulled and not reentered. (See relocation section on restrictions if relocation allowances are requested).

Note: The minimum of thirty (30) days shall be met when all engineers senior to the forced engineer have been assigned to a working position for a minimum of thirty (30) days or on a leave of absence for a minimum of thirty (30) days and an additional regular assignment becomes vacant.  If the engineer returning to the original zone works for ninety (90) days without being demoted then  the forced zone rights will be relinquished and the original zone rights reinstated.

F. Any pool freight, local, work train, or road switcher service may be established pursuant to the controlling CBA to operate from any point to any other point within the new Hub with the on duty point within  Zone 1.

IV. EXTRA BOARDS

A. Until the UP and SP extra boards are consolidated per (B) below the SP prior right board shall protect  yard vacancies with an on duty point in the Brooklyn yard and the UP Second District and UP consolidated First and Second district extra boards shall protect  other Portland Terminal Yard vacancies.

B. The three engineer road extra boards at Portland shall be consolidated based on the following time table.

1. The Carrier may serve notice within 8 months from the date of implementation of this agreement to combine the UP 1st and 2nd district extra boards at Portland.  The notice will be a 30 day notice that will permit the combining of the two boards on the first day of the month on or after the 30 day notice is given.  If notice has not been served at the end of the 8 month period then it shall be deemed to have been served on the last day of the 8 month period after implementation.

2. The Carrier may serve notice to combine the consolidated UP road extra board and the SP road extra board within 12 months from the date of consolidation of the extra boards in (B) (1) above. The notice will be a 30 day notice that will permit the combining of the two boards on the first day of the month on or after the 30 day notice is given.  If notice has not been served at the end of the 12 month period then it shall be deemed to have been served on the last day of the 12 month period after implementation.

C. Other UP extra boards currently in zone 1 not mentioned above shall continue to operate in accordance with the provisions of the surviving CBA.

D. Any location not listed shall be covered by the nearest extra boardor  additional extra board(s) may be established pursuant to the  provisions of the surviving CBA.  It is the intent to establish an extra board at Oakridge.

E. Exhausted extra boards.

1. If prior to consolidation, one of the Portland extra boards  is exhausted, then  another Portland extra board may be used prior to using other sources of supply.  If the Eugene or Oakridge extra board is exhausted then the other extra board may be used prior to using other sources of supply.  If prior to an agreement/award in zone 2 the Second District extra board at Hinkle is exhausted the Third District extra board may be used prior to using other sources of supply.

2. An engineer called from his/her extra board for an assignment in another area not principally covered by their extra board shall be handled as follows:

a. Pay received for this assignment shall not be used as an offset for  extra board guarantee but shall be in addition to, however, it shall be used in computing whether the engineer is entitled to protection pay at the end of the month.

b. An engineer unavailable at time of call shall have a deduction made in their extra board guarantee in accordance with the extra board agreement and shall have an offset to their protection in accordance with the protection offset provisions.  If miss called for secondary calls, the engineer shall not be placed on the bottom of the board but will hold his/her place.

c. An engineer unavailable at time of call shall not be disciplined.

3. Prior to the Carrier using a third extra board, all other sources of supply in the area where the vacancy exists must be exhausted.

NOTE: The nearest extra board will be determined by highway miles.  When new assignments are established, the bulletin will identify the protecting extra board.

V. TERMINAL AND OTHER CONSOLIDATIONS

A. At the joint terminal location of Portland all UP and SP operations shall be consolidated into a unified terminal operation.  Yard and road crews will not be restricted in the terminal where they can operate.  The new terminal limits for Portland shall be :  17.0 on the UP main line, (Sandy siding), 765.01 on the SP main line south of Brooklyn, the Columbia river (North Portland Junction) 6.8 on the north and 741.24 on the SP Tillamook line.

NOTE: While these reflect the current terminal limits, the road/yard zones are still figured from the previous limits.  This affects only the UP East main line limits which are 12.25 on the Graham line and 14.50 on the Kenton line. (Reference August 7, 1987 Agreement) The other limits in (A) above remain the same.

B. The provisions of (A) will not be used to enlarge or constrict the  current limits except to the extent necessary to combine into a unified operation.

C. The terminal limits for Oakridge shall be MP578.74 and MP582.30.

VI. AGREEMENT COVERAGE

A. General Conditions for Terminal Operations.

1. Initial delay and final delay will be governed by the controlling collective bargaining agreement, including the Duplicate Pay and Final Terminal Delay provisions of the 1986 and 1991 National and Implementing Agreements and awards.

2. Engineers will be transported to/from their trains to/from their designated on/off duty point in accordance with Article VIII, Section 1 of the May 1986 National Agreement.  The Carrier shall designate the on/off duty points for engineers.

3. The current application of National Agreement provisions regarding road work and Hours of Service relief under the combined road/yard service Zone, shall continue to apply.  Yard crews at any location within the Hub may perform such service in all directions out of their terminal.

B. General Conditions for Pool Operations.

The terms and conditions of the pool operations set forth in Article III shall be the same for all pool freight runs.  The terms and conditions are those of the surviving collective bargaining agreement as modified by subsequent national agreements, awards and implementing documents and those set forth below. 

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.

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.

3. The Portland-Hinkle pool and the Seattle-Portland pool provisions that provide for guarantee and/or constructive miles shall continue for those engineers who are eligible for them on the day prior to implementation.  Each pool shall also continue to be paid under the current short turnaround provisions of those Agreements.

4. The Portland-Hinkle, Seattle-Portland, Portland-Eugene, Portland-Oakridge and Oakridge-Klamath Falls pools shall be governed by, but not limited to, the same ITD, FTD, HAHT and Overtime rules (see page 20).  Rules for future runs that are created under  Article IX notices shall be determined at that time and this sets no precedence for future runs.

5. The Portland-Eugene, Portland-Oakridge and Oakridge-Klamath Falls pools shall be governed by the basic Short Turnaround provisions of the Idaho Agreement which  currently provides for miles or hours with a minimum of a basic day.

C. Agreement Coverage - Engineers working in Zone 1 shall be governed, in addition to the provisions of this Agreement, by the Collective Bargaining Agreement selected by the Carrier, including all addenda and side letter agreements pertaining to that agreement and previous National Agreement/Award/Implementing Document provisions still applicable.  Except as specifically provided herein the system and national collective bargaining agreements, awards and interpretations shall prevail.  None of the provisions of these agreements are retroactive. The Carrier has selected the Idaho CBA as the controlling CBA in the Portland Hub and it shall be effective in Zone 1 on the implementation date of this agreement.

D. In addition to the above the following will govern in the area covered by this agreement:

1. Twenty-Five Mile Zone - At all home and away from home terminals, both inside and outside the Hub, pool crews may  receive their train up to twenty-five miles on the far side of the terminal and run on through to the scheduled terminal.  Crews shall be paid an additional one-half (½) basic day for this service in addition to the miles run between the two terminals.  If  the time spent in this zone is greater than four (4) hours, then they shall be paid on a minute basis.

Note: At Hinkle this provision will not apply unless Zone 2 is covered with a merger agreement/award with similar provisions.

2. First-In/First-Out -  Employees in pool freight service will operate and/or deadhead on a first-in/first-out basis, however,  pool freight employees used in short turnaround service or given a call and release shall be placed first out after legal rest.

3. Displacement -  Employees with displacement rights exercising in pool freight service shall place into  the pool at the home terminal in the last out position at which time the junior pool freight engineer will be removed.  If such junior pool freight engineer is currently on-duty or at the away-from-home terminal; such junior engineer will be removed from the pool upon tie-up at the home terminal.

4. Personal Leave - Requests for personal leave day(s) will be granted or rejected at the time requested.  If granted, the day(s) will commence at the time granted and the employee's mark up for return to service will be pended in increments of twenty-four (24) hours from that time depending on the number of days granted.

5. Runarounds-  A terminal runaround occurs when engineers from the same pool, going to the same destination, depart the same yard in other than the order called and both trains have their power attached to their train.     "Depart" means that a train has started moving on the track it was made up in.

Example 1: Two engineers are called on duty in the Portland-Hinkle pool.  The first out engineer receives his train in the Barnes Yard and the second out engineer receives his train in the Albina Yard.  There cannot be a terminal runaround because the engineer did not depart from the same yard.

Example 2: Two engineers are called on duty in the Portland-Hinkle pool and both engineers receive their trains in the Albina departure Yard.  If both trains have their power attached a terminal runaround can occur.

Example 3: Same set of facts as example 2, however, one engineer is required to go to the mechanical facilities to obtain all or part of their power.  If the second engineer departs the yard prior to the first engineer returning to their train and putting their power on it no runaround has occurred.

Example 4: Two engineers are called from the same extra board and the first one is called Portland-Oakridge and the other is called Portland-Hinkle.  No runaround can occur even if they depart from the same yard.

NOTE: Yards for the purposes of applying this runaround provision at Portland :   Albina (East Portland/St. John Jct.); Barnes; Rivergate; Term 6; Kenton/Champ; Fir/Troutdale; and Brooklyn ( East Portland/MP 765.01).

VII. PROTECTION.

A. Due to the parties voluntarily entering into this agreement the Carrier agrees to provide New York Dock wage protection (automatic certification) to all  prior right engineers who are listed on the Portland Hub Merged Rosters and working an assignment (including  a Reserve Board) on October 1, 1997.  This protection will start with the effective (implementation) date of this agreement.  The engineers must comply with the requirements associated with New York Dock conditions or their protection will be reduced for such items as layoffs, bidding/displacing to lower paying assignments when they could hold higher paying assignments, etc.  Protection offsets due to unavailability are set forth in the Questions and Answers and side letter #1. 

B. This protection is wage only and hours will not be taken into account.

C. Engineers required to relocate  under this agreement will be governed by the relocation provisions of New York Dock.  Those required to relocate to other than Oakridge may elect in lieu of New York Dock provisions, 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 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.

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.

NOTE: The two (2) year provision of this paragraph (4) shall be extended for those engineers at Hinkle and Eugene if  operations affecting those engineers are not instituted until less than ninety(90) days remain in the two year period or after the two year period.  If not instituted until after the period then affected engineers shall have one year from when affected to request an "in lieu of" payment.

5. 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.

6. In addition to those engineers required to relocate, engineers at Eugene, shall be treated as required to relocate under this Agreement if their pool and extra board assignment is transferred to Portland for the Portland-Oakridge pool, or on a seniority basis on a one for one basis for the number of assignments transferred.  Once the number of in lieu of allowances are granted equal to the number of positions transferred all other moves associated with the specific number of assignments transferred will not be eligible for any moving allowances.

NOTE: Paragraph (6) does not cover those instances when a yard or other assignment may be abolished at Eugene as a result of the merger and an engineer can no longer hold at Eugene because of that abolishment. Engineers who must relocate under this scenario are covered under this Article.

D. There will be no pyramiding of benefits.

E. National Termination of Seniority provisions shall not be applicableto Engineers hired prior to the effective date of this agreement. 

F. Engineers will be treated for vacation, payment of arbitraries and personal leave days as though all their service on their original railroad had been performed on the merged railroad.  Engineers assigned to the Portland Hub seniority roster with a trainman/engineman seniority date prior to October 1, 1997 shall have entry rate provisions waived and engineers hired after that date  shall be subject to the rate progression provisions of the controlling CBA.  Those engineers leaving the Portland Hub will be governed by the CBA where they  then work.

VIII. FAMILIARIZATION

A. Engineers will not be required to lose time or "ride the road" on their own time in order to qualify for the new operations.  Engineers will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory.  Issues concerning individual qualifications shall be handled with local operating officers.

B. Engineers who work their assignment (road or yard) accompanied by an engineer taking a familiarization trip in connection with the merger shall be paid one (1) hour at the straight time rate of pay in addition to all other earnings for each tour of duty.  This payment shall not be used to offset any extra board payments.  The provisions of 3 (a) and (b) Training Conditions of the System Instructor Engineer Agreement shall apply to the regular engineer when the engineer taking the familiarization trip operates the locomotive.

C. Beginning with implementation the Carrier may begin familiarization trips for engineers.  They may be removed from their extra board and/or other assignments and temporarily placed on a familiarization board.  When on the board they may be placed on other assignments and will be paid as if working the assignment and their riding on the assignment will not affect the pay of the working engineer.  The familiarization board shall have the same guarantee, pay and offset provisions as the extra board.  The Local Chairmen and CMS will work together to rotate engineers through the familiarization board.  The familiarization board provisions shall expire when prior rights are expired.

NOTE 1: Familiarization will begin with any surplus engineers and extra board engineers.  Later non pool assignments in the thirty mile zone, yard assignments and finally pool assignments. If prior to this schedule engineers obtain a position needing familiarization this schedule need not be followed.

NOTE 2: Engineers on the familiarization board will not have their protection offset for working a lower paying assignment.  If the assignment they are taken from is higher paying than their TPA they will be paid a difference of earnings, however they must claim this difference on their timeslip.

IX. IMPLEMENTATION

The Carrier shall give 30 days written notice for implementation of this agreement and the number of initial positions that will be changed in the Hub.  Thereafter implementation provisions of the various articles shall govern any further changes.

X. HEALTH AND WELFARE

A. Engineers currently are under either the National Plan or the Union Pacific Hospital Association.   Engineers coming under a new CBA will have until January 1, 1999 to make an election as to keeping their old coverage or coming under the coverage of their new CBA.  Engineers who do not make an election will have been deemed to elect to retain their current coverage.  Engineers  hired after the date of implementation will be covered under the plan provided for in the surviving CBA.  Engineers electing to come under the coverage of the Union Pacific Hospital Association should contact that Association to insure that there is no gap in their coverage when they make the transition.

B. If an engineer is covered under a group life and/or disability insurance policy provided for in his/her CBA and that CBA is not the surviving CBA, the Carrier shall continue the premium payments required at the time of implementation of this agreement for those engineers presently covered under those provisions for a period of time as provided for in the group policy agreement however it shall not be longer than six years.

XI. DISCLAIMER

This agreement is a final agreement covering the area described in Zone 1.  It is recognized that additional agreements will be entered into between the parties with respect to Zones 2 and 3.   Provisions of those agreements cannot modify this agreement.  After the final zone agreement is entered into the parties will enter into a master seniority agreement that will set forth the seniority rights, if any, between the different zones.

The provisions of this Agreement are entered into without prejudice to either party's position and the parties agree not to cite this agreement in negotiations/arbitration involving other zones in the Portland Hub or any other Hub.

This Agreement is entered into this ____ day of ___________1998.

THE FOLLOWING IDENTIFIES TERMS AND CONDITIONS REFERRED TO IN ARTICLE VI(B)(4), (but not limited to) OF THE PORTLAND HUB MERGER AGREEMENT THAT WILL BE APPLICABLE TO THE POOL FREIGHT OPERATIONS, including Helpers, LISTED IN THAT SECTION.

1. Initial Terminal Delay- Engineers eligible for Initial Terminal Delay shall be paid on a minute basis after thirty (30) minutes unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal.  Existing definitions and interpretations of this rule will continue to apply even though not fully set forth in this document.

2. Basic Day/Rate of Pay - The provisions of the November 7, 1991, Implementing Agreement (BLE) and the May 31, 1996, National/Local Agreement (BLE) will apply.

3. Transportation - Transportation will be provided in accordance with Section (2)(c) of Article IX of the May 19, 1986, National Arbitration Award (BLE).

4. Meal Allowances and Eating En Route - 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.

5. Overtime - Engineers 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 one hundred sixty miles or less and on runs in excess of one hundred sixty miles overtime will begin when the time on duty exceeds the miles run divided by 20, 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 UP prior to the merger.

6. Held Away from Home Time - 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.