ARTICLE 22

SENIORITY

A. APPLICATION FOR EMPLOYMENT

1. Probationary Period - Applications for employment will be rejected within sixty (60) calendar days after seniority date is established, or applicant shall be considered accepted.

Applications rejected by the Carrier must be declined in writing to the applicant.

2. Omission or Falsification of Information - An employee who has been accepted for employment in accordance with Paragraph 1. will not be terminated or disciplined by the Carrier for furnishing incorrect information in connection with an application for employment or for withholding information there from unless the information involved was of such a nature that the employee would not have been hired if the Carrier had timely knowledge of it.

3. Termination of Seniority - The seniority of any employee who is furloughed for 365 consecutive days will be terminated if such employee has less than three (3) years of seniority.

4. Service Letters - Employees leaving the Company's service will upon request be given a service letter which will show the time of employment and cause of leaving.

B. TOP/BOTTOM IMPLEMENTING AGREEMENT

1. Seniority rosters of trainmen and yardmen shall be combined on a topped and bottomed basis as set forth below. Where two or more existing yard seniority rosters are to be combined with an existing road seniority roster such yard rosters will be dovetailed with yardmen maintaining prior rights in their respective yards prior to being topped and bottomed with the road roster. All employees on the combined seniority rosters shall have rights to both road and yard assignments. Existing road service employees shall have prior rights to road assignments and existing yard service employees shall have prior rights to yard service assignments.

All employees hired after the effective date of the combination of the seniority rosters shall establish joint road and yard seniority. These individual implementing agreements are reproduced in the Appendix.

2. Seniority rosters of trainmen and yardmen on the following seniority districts shall be combined as shown:

Road Seniority District	Yard Seniority District	Effective Date
Atlanta South	Macon, GA	July 22, 1973
Birmingham East	Birmingham, AL	July 22, 1973
Richmond	Richmond, VA	July 22, 1973
Winston-Salem	Winston-Salem, NC	July 22, 1973
Atlanta North	Atlanta, GA	July 22, 1973
Charleston	Charleston, SC	July 22, 1973
GS&F	Valdosta, GA	July 22, 1973
	St. Johns River Terminal	June 1, 1998
Washington	Alexandria, VA	July 22, 1973
	Monroe, VA	July 22, 1973
Columbia	Columbia, SC	July 22, 1973
	Rock Hill, SC	July 22, 1973
Memphis	Memphis, TN	July 22, 1973
	Sheffield, AL	July 22, 1973
Mobile	Selma, AL	July 22, 1973
	Mobile, AL	July 22, 1973
Charlotte North	Greenville, SC	July 22, 1973
	Spartanburg, SC	July 22, 1973
	Charlotte, NC	July 22, 1973
Asheville	Asheville, NC	July 22, 1973
	Statesville, NC	July 22, 1973
	Hickory, NC	July 22, 1973
Knoxville	Knoxville, TN	July 22, 1973
	Johnson City, TN	July 22, 1973
	Bulls Gap, TN	July 22, 1973
	Cleveland, TN	July 22, 1973
	Bristol, VA	July 22, 1973
Albemarle	Raleigh, NC	December 12, 1973
NO&NE	Meridian, MS	September 1, 1976
	Hattiesburg, MS	September 1, 1976
	Laurel, MS	September 1, 1976
	New Orleans, LA	September 1, 1976
AGS	Attalla, AL	April 1, 1976
CNO&TP 1st	Cincinnati- Ludlow	April 5, 1972
	Lexington, KY	April 5, 1972
CNO&TP 2nd	Danville, KY	November 30, 1972
	Somerset, KY	November 30, 1972
	Tennessee Railroad	January 3, 1996
CNO&TP 3rd/H&NE	de Butts Yard	August 1, 1973
	Chattanooga Traction	August 1, 1973
	Oakdale Yard	August 1, 1973
St. Louis	New Albany, IN	July 22, 1973
	Huntingburg, IN	July 22, 1973
	Evansville, IN	July 22, 1973
	Princeton, IN	July 22, 1973
	East St. Louis, IL	July 22, 1973
Danville	Lynchburg, VA	July 22, 1973
	Danville, VA	July 22, 1973
	Greensboro, NC	July 22, 1973
	High Point, NC	July 22, 1973
	Durham, NC	July 22, 1973
	Raleigh, NC	July 22, 1973
	Spencer-Salisbury, NC	July 22, 1973
Appalachia	None
Atlantic & Yadkin	None
Birmingham West	None
Charlotte South	None
Louisville	K&IT	May 16, 1982
Northern Alabama	NO&NES

3. Seniority Rights

a. Voluntary Transfers

(1) An employee may transfer from road assignment to road assignment under current schedule rules.

(2) An employee may transfer from a yard assignment to another yard assignment at another location only (1) by being the successful bidder on a permanent vacancy or (2) if a permanent displacement right accrues to him.

NOTE: "Prior rights" employees are not subject to displacement by employees from other yards.

(3) An employee in yard service may voluntarily enter road service only by (1) being the successful bidder on a permanent vacancy available under current road schedule rules or (2) if a permanent displacement right accrues to him under schedule rules.

If a yardman desires to go on the conductors' or trainmen's Extra Board, he may do so by giving the crew caller advance written notice prior to the adjustment of the Extra Board.

(4) An employee in road service may voluntarily enter yard service only by (1) being the successful bidder on a permanent vacancy advertised under current yard schedule rules or (2) by placing himself on a yard Extra Board position that is available to him by giving the crew caller advanced written notice prior to the adjustment of the yard Extra Board or (3) if a permanent displacement right accrues to him under schedule rules.

(5) (a) Prior rights trainmen or yardmen voluntarily entering road or yard service will not be compensated or allowed any expenses in connection with special training or examinations required by the Carrier for such service.

(b) A prior rights yardman voluntarily entering road service may be required to take necessary rules examinations and to make two round trips in through freight service and one round trip in local freight service. Such familiarization trips will not be required if the yardman has previously been used in road service to that extent in the preceding 12-month period.

(c) A prior rights trainman voluntarily entering yard service may be required to accompany a yard crew or crews for eight hours in the yard he is entering to familiarize himself with that yard.

b. Furloughed Employees

Dual rights employees who are furloughed in either road or yard service must avail themselves of any regular or Extra Board work opportunities in their "dual rights" seniority districts. Failing to avail themselves of such opportunities, they will be advised in writing and failure to respond to service within 15 days, they shall forfeit all yard and road seniority rights.

A "dual rights" employee who is working in road service and is furloughed from road service and is forced to protect yard service as above, will be allowed to return to road service whenever a regular or Extra Board position is available to him.

A "dual rights" yard employee who is working in yard service and is furloughed from yard service and is forced to protect road service as above will be allowed to return to yard service whenever a regular or Extra Board position is available to him.

c. Extra Boards

Extra Boards covering road service and Extra Boards covering yard service will be maintained separately and regulated in accordance with applicable schedule rules and agreements.

(1) Yard Extra Board employees will not be used to fill vacancies in road service unless such road vacancies cannot be filled in accordance with road schedule rules and practices.

(2) Road Extra Board employees will not be used to fill vacancies in yard service unless such yard vacancies cannot be filled in accordance with the yardmen's agreement and practices.

(3) Applicable to Southern, CNO&TP 3rd District

(a) If necessary to use either road or yard Extra Board employee under the provisions of Paragraph (1) or (2) above, the first-out qualified "dual rights" employee will be used.

(b) If a "dual rights" employee is not available, the first-out "prior rights" employee on the Extra Board will be used but only until a "dual rights" employee is available on the Extra Board.

(4) Applicable to CNO&TP 1st & 2nd Districts, Albemarle District, Louisville District, and AGS (including NO&NE)

If necessary to use either a road or yard Extra Board employee under the provisions of this Paragraph 4., the first-out employee will be used.

4. Preservation of Existing Agreements

a. Nothing in this Article changes the separation or line of demarcation between yard and road service. The respective yard and road agreements are relaxed only to the extent necessary to accommodate this consolidation of yard and road seniority rosters.

b. Upon establishment of joint road-yard rights as provided hereinabove, the provisions of the governing road or yard service agreements and interpretations will apply, i.e., when an employee works in road service the provisions of the current road agreement will apply, and when an employee works in yard service, the provisions of the current yard agreement will apply.

c. Vacation assignments will be made according to the class of service the employee is engaged in when vacation assignments are made. Seniority date of a prior rights employee will be recognized as controlling in ascertaining qualifications for and preference date of assigned vacations.

C. APPLICABLE TO ST. JOHNS RIVER TERMINAL COMPANY

1. Separate yard foreman's seniority will continue to be maintained for all those who hold such seniority on December 31, 1984. All others will establish yard foreman's seniority in accordance with the practice under the Southern Agreement.

Yard foremen, who held such seniority prior to January 1, 1985, may relinquish their rights as foremen and retain their seniority as helpers by giving written notice of their desire to do so to the Superintendent with copy to the Local Chairperson. Yard foremen must protect foremen's service, both regular and extra, for which they stand or forfeit their seniority as foreman and will be dropped from foreman's list, retaining helper's seniority.

NOTE: Employees who relinquished their rights as foremen or who were dropped from the foreman's seniority list will not retain any prior rights as yard foreman. Such employees will establish foreman's seniority in line with their switchman's seniority.

2. A separate seniority list of yard foremen who held seniority as yard foremen on December 31, 1984 will be compiled in order of their seniority. These lists will be periodically corrected and accessible to employees.

D. SENIORITY LISTS

1. Yardmen will have preference of work and promotion to positions embraced within the scope of this Article according to their age in yard service, merit and ability being equal.

Lists of conductors/trainmen/switchmen will be compiled in the order of their seniority. These lists will be periodically corrected and accessible to employees. The date that trainees begin the training program will establish the relative order of seniority among trainees in different classes.

2. a. Seniority of employees entering the service as conductors/trainmen/switchmen will be established as follows:

After members of a single training class are qualified for service, the relative seniority order of those employees from the same seniority district will be determined by the last four digits of their social security number (0001 first through 9999 last). This understanding does not affect the determination by the supervisor of when an individual trainee successfully completes the training program and begins performing service.

NOTE: It is understood that any employee okayed for service shall leave his address with the employing officer. Should he fail to respond for service within fifteen (15) days after being notified, in writing at the address given, he shall forfeit all rights.

b. Should an employee from another district transfer to and establish seniority on another district on the same day a new employee is added to the roster, such transferred employee will always be ranked first.

c. When more than one employee transfers into train service from another craft and establishes train service seniority on the same date, the relative seniority of such employees will be determined by their length of service with the Carrier. The employee with the longest tenure will be placed first.

However, if train service employees from another seniority district transfer and establish new train service seniority on the same date as employees transferring from another craft, the former train service employees will be slotted ahead of the employees who transferred from another craft.

3. When any employee holding seniority in another craft, i.e., engineer and/or yardmaster, stands for a regular position or for extra service in such class, he shall, while he stands for a regular position or extra service, not be permitted to perform service as trainman/yardman except in emergency and must mark off to perform such other service.

It is not the intention of the above in any way to affect trainmen/yardmen being used as conductors or vice versa.

4. Applicable to GS&F, CNO&TP, and AGS Trainmen

The most senior trainman in road service will have preference of runs, if competent. When they are ruled incompetent, reason therefore will be given.

E. STATUTE OF LIMITATIONS

A statute of limitation of two years is fixed to take up or appeal a case of seniority. If two years have elapsed without any written protest being filed in such case, it cannot be taken up by the General Committee or officials of the Company.

F. PROMOTION

1. In all cases of promotion, the Division Superintendent is to decide as to record and qualifications.

2. All trainmen must accept promotion to conductor/foreman when offered by the railroad. Once promoted, trainmen, including those already promoted, will not be permitted to voluntarily relinquish conductor/foreman rights.

Except as modified hereby, existing rules and practices governing promotion continue in effect.

3. Trainmen who established seniority prior to November 1, 1985, will not be required to accept promotion to engine service.

Employees with train service seniority prior to November 1, 1985 may make a written request for entrance into engine service on their seniority district at any time and, subject to meeting the minimum standards for entrance, will be sent to locomotive engineer training at the earliest available date.

4. Employees whose seniority in train service is on or after November 1, 1985, are required, in order of their trainmen's seniority, to attend locomotive engineer's training and must satisfactorily complete the program or forfeit their train service seniority.

5. If the Carrier's needs for engine service employees are not met during a period when there are not sufficient trainmen (including promoted conductors) in service with a seniority date on or after November 1, 1985 who must accept promotion to engine service or forfeit seniority in train service, the Carrier may hire qualified engineers or train others for engine service.

G. TRAINMEN STANDING FOR CONDUCTOR SERVICE

1. Permanent conductor vacancies, including positions on the conductor's Extra Board, shall be bulletined for six day; employees working as conductors and demoted employees will be entitled and permitted to bid on same. At the end of the bulletin period, the senior conductor or demoted conductor bidding on same will be assigned. In the event no bid is received, the junior demoted conductor will be assigned and required to take the vacancy. All conductor assignments will be assigned in accordance with standing on the conductor seniority roster.

EXCEPTION: Standing bids for conductor Extra Board vacancies will be accepted. In the event of such a permanent vacancy and standing bids are on file, the vacancy will be assigned to the senior conductor with a standing bid, and bulletining of the job will be unnecessary.

2. A regular assigned conductor will be allowed to submit a written application to permanent trainman/yardman vacancies currently under bulletin, unless he or she is the junior conductor forced to a no-bid conductor's vacancy in accordance with this Article. Such exercise of seniority as trainman/yardman will not affect or otherwise modify such employee's seniority rights or standing on the conductor seniority roster.

3. A demoted road conductor working in yard service as a regular assigned yard foreman (this does not apply to yard Extra Board) will not be required to fill permanent road conductors vacancies, regular or Extra Board except when no other promoted employee is available.

4. A trainman/switchman will be permitted to work as a trainman/switchman when standing for conductor's service except if forced to a permanent conductor's vacancy as the result of being the junior demoted conductor not protecting conductor's service.

5. The requirement that an employee must remain in road or yard service after successfully bidding from one to the other is eliminated.

6. All schedule rules, agreements and practices which conflict with the above are modified to the extent necessary to permit the changes described in this Article, except to the extent provided in Question and Answer No. 2.

H. EMPLOYMENT OF LOCOMOTIVE ENGINEERS

1. Subject to the Carrier's legal obligations, when selecting new applicants for engine service, opportunity shall first be given to employees in train and yard service represented by the United Transportation Union on the basis of their relative seniority standing, fitness and other qualifications being equal. The Carrier will post notice when seeking new applicants. Transfer of engineers from one seniority district to another on the same railroad system will not be in violation of this provision.

2. Any person who is selected for engine service and does not have seniority as trainman will acquire seniority as trainman upon entering service, subject to Paragraph 3. hereof.

3. An employee who has established seniority as conductor/foreman, trainman/ yardman, hostler or hostler helper (but without seniority as a locomotive fireman) who is selected for engine service shall retain his seniority standing and all other rights in train and/or yard hostling service. However, such employee shall be permitted to exercise such rights only in the event he or she is unable to hold any position or assignment in engine service as engineer, fireman on a designated position, hostler or hostler helper.

4. An employee accepting transfer to a locomotive engineer position in accordance with this Article shall retain his seniority standing and all other rights in train and/or yard or hostling service. However, such employee shall be permitted to exercise such rights only in the event he is unable to hold any position or assignment in engine service.

I. PROMOTION TO YARDMASTER

In the selection of yardmasters, the oldest qualified yardman will be considered.

J. DISCHARGED AND RE-EMPLOYED

An employee discharged and re-employed within six (6) months may not lose his seniority, but if not re-employed within six (6) months, he will rank as a new employee, except in special cases.

NOTE 1: The six month period provided in this rule shall not commence to run until a decision is rendered which is not appealed in accordance with schedule rules, or until final decision is rendered by the highest officer designed by the Company to handle cases on appeal.

NOTE 2: The rights of an employee reinstated under the provisions of this rule will be as follows:

a. He must either place himself upon the position to which he was assigned at the time of his dismissal if such position is held by a junior employee, or he may exercise his seniority rights to any position which may have, during his absence, been bulletined or advertised as open on account of change of conditions; provided he does so before performing any service except a conductor may, within six days following reinstatement, exercise his seniority rights.

b. In the event the position to which the dismissed employee was assigned is, at the time of his reinstatement, held by a senior employee, the reinstated employee may then exercise his rights to any position to which he is entitled by his seniority.

c. In the event that, under Paragraphs a. and b. above, the reinstated employee desires to place himself in a pool of runs where there is no diversity of layover, he may displace only the junior employee in such pool.

d. Paragraph c. above does not apply where the reinstated employee under Paragraph a. above returns to the position to which he was assigned at the time of his dismissal, even though such position be in a pool of runs.

K. RESIGNING AND RE-EMPLOYED

Employees who voluntarily leave the service of the Company and are re-employed will rank as new employees.

L. HOSTLERS AND HOSTLER HELPERS

1. The craft or class of firemen (helpers) shall be eliminated through attrition except to the extent necessary to provide the source of supply for engineers and for designated passenger firemen, hostler and hostler helper positions. Trainmen shall become the source of supply for these positions.

2. Except as modified hereinafter, assignments in hostling service will continue to be filled when required by agreements in effect on individual Carriers.

3. The Carriers may discontinue using employees represented by the United Transportation Union as hostlers or hostler helpers provided that it does not result in furlough of a fireman who established seniority prior to November 1, 1985 nor the establishment of a hostler position represented by another organization, and provided, further, that this provision will not act to displace any employee who established seniority prior to November 1, 1985 and who has no rights to service except as hostler or hostler helper.

4. Employees in engine service who established seniority prior to November 1, 1985 will continue to fill hostler and hostler helper positions and vacancies thereon in accordance with agreements in effect as of that date. If such position cannot be filled by such employees, and it is not discontinued pursuant to Paragraph 2. above, qualified train service employees will be used. In that event, bulletined vacancies will be advertised to train service employees, and if no bids are received the junior qualified train service employee at the location will be assigned; temporary vacancies will be filled from the yard or combined road/yard Extra Board.

5. Yard crews may perform hostling work without additional payment or penalty to the Carrier.

M. ENGINEERS ESTABLISHING BRAKEMAN SENIORITY

1. Engine service employees not possessing ground service seniority as of November 1, 1985 shall be placed on the bottom of the appropriate ground service roster upon implementation of this Paragraph. Such employees will be allowed to relinquish their newly acquired seniority during a ninety day period following such implementation.

2. On or after November 1, 1985, any person establishing seniority in engine service without first establishing seniority as trainman will establish a seniority date as trainman on the date he or she establishes seniority in engine service.

3. An employee establishing seniority as trainman under this Paragraph 2. shall be permitted to exercise such rights only in the event he or she is unable to hold any position or assignment in engine service as engineer, fireman on a designated position in passenger service, hostler or hostler helper, and such employee shall not, by such placement, be given any "present or protected employee" rights under present crew consist agreements or any negotiated in the future.

N. FLOWBACK (For information only - notice has not been served as of the date of this Agreement)

1. Upon written request of the Organization's authorized representative(s), the Carrier shall meet to discuss establishment of a procedure under which any employee who holds train service seniority and is holding a regularly assigned position as a locomotive engineer may exercise his train service seniority rights. Any such procedures that are established shall be on an individual railroad basis and shall be in accordance with the guidelines set forth in Paragraph 2.

2. a. The number of employees holding regularly assigned positions as locomotive engineers at a location that will be permitted to return to train service under this Paragraph will be limited to the number of qualified and available demoted locomotive engineers at such location on the Option Date, the designated date on which employee may exercise rights hereunder to return to train service. As used in this Paragraph, the term qualified shall be deemed to include (but is not limited to) qualification on the physical characteristics of the territory protected by the regularly assigned positions.

b. Two Option Dates per calendar year will be designated, which shall be January 1 and July 1 unless otherwise agreed by the parties.

c. Not less than seven (7) days prior to the Option Date, any employee working as a locomotive engineer who also has trainman seniority rights may file a request with the designated representative of a Carrier requesting a return to train service.

d. Subject to Paragraph 2.a., each employee holding a regularly assigned position as a locomotive engineer who has a valid request on file pursuant to Paragraph c. will be notified on the Option Date, in seniority order (based upon trainman's seniority date), that his request to return to train service will be granted.

e. An employee exercising train service seniority rights under this Paragraph will be limited to:

(1) bidding on vacant positions,

(2) claiming open positions, or

(3) displacing the junior employee on extra lists(s).

f. The locomotive engineer positions vacated by those employees who return to train service hereunder will be filled by the qualified and available demoted engineers at the location involved, consistent with applicable rules governing the filling of such vacancies.

g. An employee returning to train service under this Paragraph will not be permitted to vacate his locomotive engineer's position until his replacement is available to fill such position.

h. An employee returning to train service under this Paragraph will be treated, during all time in train service resulting from the exercise of rights granted hereunder, as "non-protected" trainmen ineligible for any form of payment (including guarantees, productivity fund buyouts, allowances and arbitraries) or benefit available to "protected" trainmen under any applicable existing or future crew consists agreements.

i. An employee returning to train service under this Paragraph will not be permitted to voluntarily return to service as a locomotive engineer until after the next Option Date unless there is no train service position available to the employee at the location involved.

j. An employee returning to train service under this Paragraph continues to be subject to force assignment back into locomotive engineer service in accordance with applicable agreements.

3. a. If the parties are unable to agree upon the procedures to implement this Paragraph within ninety (90) days after the date a request is made under Paragraph N.1., at any time thereafter during the term of this Agreement either party may submit the matter to final and binding arbitration by serving written notice on the appropriate representative of the other party.

b. The arbitrator shall be selected by the parties. If they fail to agree within five days from the date notice of the submission to arbitration is received from the moving party, either party may request a list of five potential arbitrators from the National Mediation Board, from which the parties shall choose the arbitrator through alternate striking. The order of such striking shall be determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall be borne equally by the parties.

c. The arbitrator shall render a decision specifying the procedure for implementation of Paragraph N.1. within thirty (30) calendar days from the date the appointment is accepted, provided, however, that the arbitrator shall have no jurisdiction to alter or deviate from the provisions of Paragraph N.2. The arbitrator's decision shall be final and binding and shall be guided by the need to minimize disruption to the work force that adversely affect the needs of the service and avoid additional costs to the Carrier.

4. This Paragraph is not intended to restrict any of the existing rights of a Carrier except as specifically provided herein.

O. ENHANCED EMPLOYMENT OPPORTUNITIES

1. In the event that a Carrier sells or leases its interest in one or more rail lines to a non-Carrier pursuant to a transaction authorized under 49 U.S.C. §10901 (or any successor provision) as to which labor protective conditions have not been imposed by any governmental authority, any employee represented by the organization signatory hereto who (i) as a result of that transaction is deprived employment with the Carrier because of the abolition of his position, and (ii) does not accept employment with the purchaser shall be entitled to the benefits set forth in Paragraph 2. below.

2. a. An employee covered by Paragraph 1. above shall have the right, in seniority order, to bid on vacant, must fill positions or claim open, must fill positions in train service at any location on the Carrier at any time within ninety (90) days after being deprived of employment. Seniority issues associated with the exercise of the right shall be resolved by the Carrier and the Organization representative or, absent agreement and at the request of either party by written notice served on the appropriate representative of the other party, by final and binding arbitration as provided in Paragraph b. below. Solely for the purpose of this Paragraph 2., a single train service seniority roster for the Carrier shall be developed, in accordance with applicable rules and procedure, no later than September 30, 1996.

b. The arbitrator shall be selected by the parties. If the fail to agree writing five (5) days from the date notice of the submission to arbitration is received from the moving party, either party may request a list of five potential arbitrators from the National Mediation Board, from which the parties shall choose the arbitrator through alternate striking. The order of such striking shall be determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall be paid under Section 153 of the Railway Labor Act.

c. An employee exercising rights under this Paragraph who relocates his residence shall receive a relocation allowance of $5,000, provided, however, that an employee shall be required to elect between such allowance and any Carrier relocation benefits that may be provided to such employee under other existing agreements or arrangements. Such allowance shall be paid in two equal installments: the first payable on the relocation date, and the second ninety (90) days thereafter. Such allowance (or any portion thereof) shall be payable as provided as long as the individual has an employment relationship with the Carrier and is still at the new location at the time the payment is due.

NOTE: Employees who presently have extended seniority and who are deprived of employment on their prior right territory(s) as a result of a transaction covered in Paragraph 1. above, will be covered by the conditions of Paragraph 2.c., provided that any exercise of seniority must be beyond their prior right territory(s), with a minimum of fifty (50) miles distance.

3. In the case of any transaction authorized under 49 U.S.C. §10901 (or any successor provision), the arrangements provided for under this Paragraph shall be deemed to fulfill all of the parties' bargaining obligations that may exist under any applicable statute, agreement or other authority with respect to such transaction, and shall also be deemed to satisfy the standards for the protection of the interests of employees who may be affected by such transaction described in 49 U.S.C. §10901 (e).

4. This Paragraph is not intended to restrict any of the existing rights of a Carrier except as specifically provided herein.

P. SENIORITY ACCUMULATION (For information only - the BLE has not served notice for exclusive representation on the property covered by this Agreement)

1. a. This Paragraph shall apply only to those Carriers on which an organization other than the United Transportation Union (UTU) is exercising the exclusive right to represent all locomotive engineers in company-level grievance, claim and disciplinary proceedings.

b. Sixty (60) days after service of written request on the Carrier by the Organization's authorized representative(s), any employee with train service or hostler or hostler helper seniority working as a locomotive engineer will be required, during the period of time he is working as a locomotive engineer, to pay monthly dues to the UTU in order to accumulate any additional seniority as conductor, trainman, hostler or hostler helper. The Organization shall be responsible for administration of such arrangements.

2. On any Carrier on which there are arrangements between the Carrier and the UTU on the date of this Agreement that require train service employees to pay full monthly dues to the UTU to accumulate additional seniority as conductor, trainman, hostler or hostler helper while working as a locomotive engineer, such arrangements shall be terminated as follows:

a. if an Organization other than the UTU is exercising the exclusive right to represent all locomotive engineers in company-level grievance, claim and disciplinary proceedings on such Carrier, on the date such other Organization terminates its exclusive representation rights; and

b. if no Organization is exercising the exclusive right to represent all locomotive engineers in company-level grievance, claim and disciplinary proceedings on such Carrier.

3. This Paragraph is not intended to restrict any of the existing rights of a Carrier except as specifically provided herein.

QUESTIONS AND ANSWERS

(Applicable to Paragraph B. - Top and Bottom Implementing Agreement)

Question #1: If the Yard Extra Board is exhausted, can a Road Extra Board employee be used to fill the vacancy?

Answer: Only after exhausting all rules and practices in effect under the Yardmen's Rules.

Question #2: If the Road Extra Board is exhausted, can a Yard Extra Board employee be used to fill the vacancy?

Answer: Only after exhausting all rules and practices in effect under the Trainmen's Rules.

Question #3: Can a Road Extra Board employee be used in yard service to prevent paying time and one half?

Answer: No. Yard rules would apply.

Question #4: If a Yard Extra Board prior rights employee is used as described in Paragraph B.3.c. and he is relieved by the first available dual rights employee, who is entitled to deadhead pay?

Answer: First to - First from after he fills his commitment to the assignment.

Question #5: If a furloughed prior rights employee is notified to return to service to protect his expanded seniority, and does not report in accordance with the rules, does he only forfeit his expanded seniority?

Answer: Yes.

Question #6: If a furloughed "prior rights" employee is notified to return to service to protect his "prior rights" seniority and fails to do so under the schedule rules, does he forfeit his expanded seniority as well as his "prior rights" seniority?

Answer: Yes.

Question #7: Does Paragraph B.3.b. intend that only one employee be notified if there is more than one work opportunity available?

Answer: If there is only one work opportunity available, there will be only one furloughed employee notified. If there are two work opportunities, there will be two furloughed employees notified, and so on for the number of work opportunities; the senior furloughed employee having his choice of the work opportunity positions available to him.

QUESTIONS AND ANSWERS

(Applicable to Paragraph G. - Trainmen Standing for Conductor Service)

Question #1: Can regular assigned conductors who acquire a displacement right under the Conductor Agreement exercise that displacement right (regular or temporary) to a trainman/yardman position?

Answer: No.

Applicable to Charlotte District North and Charlotte District South - Yes, from a regular position. No, from a temporary vacancy.

Question #2: Can a regular assigned trainman/yardman who acquires a displacement right (regular or temporary) under the Trainman/Yardman Agreement exercise that displacement right to a conductor's position?

Answer: No. This is not intended to deprive a protected employee who has lost that protection as a result of a non-protected employee going to a conductor's position, from exercising his 24-hour election under Article 37, Paragraph I.

Applicable to Charlotte District North and Charlotte District South - Yes, from a regular position. No, from a temporary vacancy. This is not intended to deprive a protected employee who has lost that protection as a result of a non-protected employee going to a conductor's position, from exercising his 24-hour election under Article 37, Paragraph I.

Question #3: How is the junior demoted conductor determined in application of the force assigned rule?

Answer: The junior demoted conductor will be determined by the seniority standing on the conductor seniority roster. The junior demoted conductor not regular assigned as a conductor/foreman at the expiration of the bulletined period will be the junior demoted conductor for the purpose of force assignment.

 Question #4: In accordance with this agreement, will a demoted road conductor working in yard service and not regular assigned as yard foreman be required to fill permanent road conductor vacancies (regular or Extra Board)?

Answer: Yes, if no bid is received, and he or she is the junior demoted conductor on the conductor's seniority roster.

Question #5: Can a junior demoted conductor who is force assigned displace a junior conductor who bids successfully and is regular assigned to a conductor's assignment?

Answer: No. The only displacement allowed would be to an assignment held by a junior conductor who was force assigned.

Question #6: Should a conductor, who has been cut off the Extra Board, be permitted to displace a junior conductor?

Answer: Yes.

Question #7: Can a conductor, who was force assigned to the conductor Extra Board and subsequently cut off the Extra Board, be permitted to return to a trainman position?

Answer: Yes, unless he or she is the junior demoted conductor and a conductor his or her senior is force assigned.

QUESTIONS AND ANSWERS

(Applicable to Paragraph N. - Flowback)

Question #1: Do the provisions of this Paragraph supersede the provisions of Article XIII of the October 31, 1985 National Agreement which requires individuals to exhaust all engine service seniority prior to returning to train service?

Answer: Yes, solely for purposes of exercising rights under this Paragraph.

Question #2: In Paragraph N.1., what does "individual railroad" intend?

Answer: It is intended to mean the territory within the jurisdiction of the individual UTU General Committees. The UTU General Committees having jurisdiction must concur.

Question #3: When implementing the provisions of this Paragraph on "an individual railroad basis", was the intent of the parties that each organization representative would retain their autonomous jurisdiction?

Answer: Yes, it is intended to mean the territory within the jurisdiction of the individual UTU General Committees. The UTU General Committees having jurisdiction must concur.

Question #4: Are the crew consist protected employees returning to train service in Paragraph N.2.h. entitled to exercise seniority placement to "blankable" positions?

Answer: No.

Question #5: May the Carrier make the request to implement the provisions of this Paragraph?

Answer: No. The request to implement these provisions must be made by the authorized representatives of the Organization.

Question #6: What is the definition of "replacement is available" in Paragraph N.2.g.?

Answer: An engine service employee who is qualified to protect the service requirements of the assignment being vacated under existing applicable rules.

Question #7: Does this rule affect in any way or change existing rules which permit for the voluntary forfeiture of engine service seniority?

Answer: No. Such rules remain unchanged.

QUESTIONS AND ANSWERS

(Applicable to Paragraph O. - Enhanced Employment Opportunities)

Question #1: Should a subsequent separate transaction occur after an initial relocation would the affected employee be allowed to again apply under Paragraph O.2.?

Answer: Yes.

Question #2: What does "deprived of employment" mean for the purposes of the application of this Paragraph?

Answer: The inability to obtain any possible position to which entitled.

Question #3: Will the resultant seniority roster established per Paragraph O.2. cause any employee to suffer a loss of seniority on any roster to which they currently have seniority?

Answer: No. Such employee establishes seniority as of the date of service in the vacant, must fill or claim open, must fill position. All existing seniority remains intact.

Question #4: Was it the intent of the parties to include yardmasters for the purposes of the application of this Paragraph?

Answer: Yes, as provided in Side Letter #4 of the Yardmasters Agreement dated May 8, 1996.

Question #5: In order for any employee to receive the relocation allowance under Paragraph O.2.c., is it required that the employee:

(a) Sell his/her existing residence?

(b) Stay/work a minimum amount of time at the new location?

(c) Move thirty (30) or more miles from his former residence?

Answer:

(a) No.

(b) To receive the full allowance, the rule requires that the employee be at the new location at the time the second payment is due.

 (c) Yes. The note to Paragraph O.2.c. requires an exercise of seniority a distance greater than 50 miles.

Question #6: What is the definition of "prior right territory(s)" as set forth in the note to Paragraph O.2.c.?

Answer: This is determined on the individual properties in accordance with the applicable rules and/or practices governing seniority.

QUESTIONS AND ANSWERS

(Applicable to Paragraph P. - Seniority Accumulation)

Question #1: Are seniority accumulation provisions which are covered by a local crew consist moratorium amended, altered or abrogated by this rule?

Answer: No.

Question #2: Does this Paragraph apply to all craft seniority that remains protected under UTU contracts, including pre-1985 Fireman's Seniority?

Answer: Yes.

Question #3: What is the effect on an individual's seniority if they choose not to comply with the provisions of this Paragraph once enacted, but subsequently meet the requirements?

Answer: The individual accrues seniority only during the months where they are in compliance with the rule provisions.

This page last updated: March 02, 2005