ARTICLE 41

APPLICATION OF AGREEMENT

It is and has been the policy of the parties signatory hereto that the provisions of this Agreement be applied to all employees covered by this Agreement without regard to race, creed, color, age, sex or national origin.

A. REPRESENTATION

The General Grievance Committee, United Transportation Union, will represent all conductors, trainmen and yardmen in the making of contracts, rules, rates and working conditions and interpretations thereof, so long as they represent conductors, trainmen and yardmen under the provisions of the Railway Labor Act, as amended, or future amendments thereof. The rights of any conductor, trainman and yardman to have the regularly constituted committee of his Organization represent him in the handling of his grievances, under the recognized interpretation placed upon the schedule involved by the officials of the Company and the General Committee making the same, is conceded.

B. SCHEDULES

Employees will be furnished a copy of the schedule of wages and rules and regulations upon request.

C. DEFINITION

For convenience, references to gender, if any, in this Agreement are made in the masculine gender. It is understood and agreed by the parties to this Agreement that references to the masculine gender included both the masculine and feminine genders.

D. EFFECT OF AWARD OF ARBITRATION BOARD NO. 559 (effective May 8, 1996)

1. The purpose of Arbitration Board No. 559 is to fix the general level of compensation during the period of the Agreement and is in settlement of the dispute growing our of the notices dated November 1, 1994 served by and on behalf of the Carriers upon the Organization signatory hereto, and the notices dated on or subsequent to November 1, 1994 served by the Organization upon such Carriers.

2. Arbitration Board No. 559 shall be construed as a separate agreement by and on behalf of each of said Carriers and their employees represented by the Organization signatory hereto, and shall remain in effect through December 31, 1999 and thereafter until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.

3. The parties to Arbitration Board No. 559 shall not serve nor progress prior to November 1, 1999 (not to become effective before January 1, 2000) any notice or proposal for changing any matter contained in:

a. Award of Arbitration Board No. 559,

b. the proposals of the parties identified in Paragraph D.1. of this Article, and,

c. Section 2(c) of Article XV of the Agreement of January 27, 1972, and any pending notices which propose such matter are hereby withdrawn.

4. The parties to Arbitration Board No. 559 shall not serve nor progress prior to November 1, 1999 (not to become effective before January 1, 2000) any notice or proposal which might properly have been served when the last moratorium ended on January 1, 1995.

5. This Article will not bar management and committees on individual railroads from agreeing upon any subject of mutual interest.

E. TERMS OF AGREEMENT

This Agreement supersedes and cancels all former Agreements, but does not except where rules are changed, alter former accepted and agreed-to practices, working conditions or interpretations. This Agreement is revised as of December 1, 1998, to include rules, revisions, certain amendments, interpretations, and memoranda and cancels all other rules in conflict herewith and is to remain in effect until revised or abrogated by thirty (30) days' written notice from either party to the other, and in accordance with provisions of the Railway Labor Act, as amended.

NOTE: If any Agreement or Agreements have been omitted from this schedule by oversight, it is agreed between the parties that failure to include same will in no way waive, modify or abrogate them.

Signed at Norfolk, Virginia this ______ day of ___________________________,19_______.

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