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MEMORANDUM OF AGREEMENT BETWEEN NORFOLK SOUTHERN RAILWAY COMPANY and its Railroad Subsidiaries and Its Maintenance of Way Employees Represented by BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES WHEREAS, a New York Dock arbitrated implementing agreement was rendered on January 14, 1999 (the "Arbitrated Implementing Agreement" Consisting of and referred to herein as Attachments No. 1, No. 2, No. 3, and No. 4) was rendered on January 14, 1999 relative to the rearrangement of forces and the coordination of maintenance of way functions associated with the acquisition of Control and the division of the use and operation of Conrail, Inc. and Consolidated Rail Corporation by Norfolk Southern Corporation (NS) and Norfolk Southern Railway Company and its railroad subsidiaries (NSR) and CSX Corporation (CSX) and CSX Transportation, Inc. and its railroad subsidiaries (CSXT) WHEREAS, NSSR and BMWE desire to reach a voluntary agreement by effecting certain changes to the arbitrated implementing agreement NOW, THEREFORE, IT IS AGREED that the January 14, 1999 Arbitrated Implementing Agreement is modified as follows: SECTION 1 - SENIORITY GROUPS, CLASSES AND GRADESRule 2 of the "NW—WAB Agreement" (which, as provided in Article II, Section 1 of Attachment No. 1 will apply to Conrail territories allocated to and operated by NSR) is revised by adding the following to be applicable to the Conrail territories allocated to and operated by NSR: Rule 2 — (h) This section 2(h) applies only to the portion of Conrail to be operated by NSR. The listing of the various classifications is not intended to require the establishment or to prevent the abolishment of positions in any classification. The listing of a given classification is not intended to assign work exclusively to that classification. It is understood that employees on one classification may perform work of another classification and that the indicated primary duties do not restrict the use of employees to perform other work as provided in the NW/WAB BMWE agreement.The seniority classes and primary duties of each class are as follows; Bridge and Building Sub—department A. Inspector Roster: Inspector Inspect bridges, buildings and other structures NOTE; Such former Conrail Inspector Roster positions occupied on the effective date of this provision will be attrited as the incumbents leave service as a result of promotion to non—agreement, voluntary exercise of seniority to a non—inspector position, retirement, resignation, dismissal or death. Once all these Inspector positions have been vacated this classification and roster will be eliminated. B. Bridge and Building Roster: 1. B&B Foreman 2. Assistant Foreman 3. MB Mechanic Construct, repair and maintain bridges, buildings and other structures 4. B&B Helper Assist MB Mechanic C. Plumber Roster: 1. Plumber Foreman 2. Assistant Foreman 3. Plumber 4. Plumber Helper Assist Plumber NOTE: Such former Conrail Plumber Roster positions occupied on the effective date of this agreement will be attrited as the incumbents leave service as a result of promotion to non—agreement positions, voluntary exercise of seniority to another position, retirement, resignation, dismissal or death. For each of these classifications, once all the positions have been vacated the classification and roster will be eliminated. Thereafter, to the extent remaining plumbing duties are performed by BMWE represented employees under the NW/WAB agreement, such work will done by MB Mechanics or other employees on the B&H rosters. D. Structural Welding Roster: Track Sub—department A. Track Roster: 1. Foreman and Track Patrol Foremen Inspect track and/or direct and work with employees assigned under his jurisdiction. Note: Track inspection will be consistent with the practice under the NW-WAB agreement, Rule 2 (E), and the July 29, 1991 Arbitration Award rendered by Arbitrator LaRocco. 2. Assistant Foreman 3. Trackman Construct, maintain, repair, inspect and dismantle track and appurtenances thereto. B. Machine Operator rosters (*) 1. Machine Operator—Class S Operate the following machines: Boltmaster Joint Straightener Track Liner Handyman Automatic Anchor Spiker Tie Spacer Snow Flanger Weed Burner or Rail Heater Brush Cutter Tie Bed Scarifier/Inserter Tie Butt Pusher Fairmont Tie Extruder Wide Gauge Rail Threader — Dual Rail GangStandard Gauge Rail Threader — Dual flail GangCribber - Dual Rail gangGauge Spiker — Dual Rail GangRail Gang Air Compressor Tie Destroyer Snow Flow Anchor Spreader Anchor Adjuster Plate Remover — SinglePlate remover — DualScrap loader Automatic Rail Lifter Norberg Grabber Spike Puller 2. Machine Operator-Class 2 Operate the following machines: Bulldozer Front End Loader Backhoe Crossing Machine-Speedswing Tampers (without auto. Raising & lining) Ballast Regulator Road Grader Tie Inserter or Injector Yard Cleaner Auto Track Switch Undercutter Plasser Cribber Tie Handler Tie Saw Tie Shear Brush Cutter (on track) Audiogage Jet Snow Blower Double Broom Ballast Compactor Klipper Brushcutter Tractor Brushcutter Tie Exchanger FEL w/Snow Blower Adzers Automatic Spikers 4—Head Tie Drill Norberg Automatic Lag Driver (*) Employees obtaining Machine Operator-Class 2 seniority shall also obtain seniority as Machine Operator—Class 3 if they do not already possess such seniority.3. Machine Operator—Class 1 Operate the following machines: Locomotive Crane Burro Crane Crawler Crane Truck Crane Gradall Pile Driver Production Tamper (with auto, raising & lining)Jordan Spreader Undercutter/Cleaner Jimbo Material Handler Track Stablizer Car Mover Multi-Cranes Beilback Snow Blower CAT Tamper (*) Employees obtaining Machine Operator-Class 1 seniority shall also obtain seniority as machine Operator Class 2 and Machine Operator—Class 3 if they do not already possess such seniority. C. Welder Roster: 1. Electric Welder Perform welding on track components 2. Electric Welder Helper Assist Electric Welder 3. Thermite Welder Perform field welding for elimination of rail joints 4. Thermite Welder Helper Assist Thermite welder NOTE; On the effective date of this provision the Electric Welder and Thermite Welder rosters are established by giving employees the same earliest listing as they possess on any Conrail Welder rosters; the Electric Welder Helper and Thermite Welder Helper rosters are established by giving employees the same earliest listing as they possess on any Conrail Welder Helper rosters. Subsequently, new seniority established will be confined to the respective applicable roster. D) Repairman Roster: E. Vehicle Operator Roster: Operate Gang Boom Trucks, Boom Trucks, Semi Tractor Trailer, Log Loaders, Dump Trucks, Fuel Trucks, Buses, Brandt Trucks and other large highway and/or rail/highway vehicles which may be agree to by the parties. F. Bridge Roster:1. Bridge Operator 2. Bridge Tender G. Cook Roster: 1. Camp Cook-Prepare and serve camp meals
H. Lubricator Maintainer Roster NOTE: Such former Conrail Lubricator Maintainer Roster positions occupied on the effective date of this provision will be attrited as the incumbents leave service as a result of promotion to non—agreement, voluntary exercise of seniority to a non—lubricator maintainer position, retirement, resignation, dismissal or death. Once all these Lubricator Maintainer positions have been vacated this classification ar-id roster will be eliminated. Once the Lubricator Maintainer positions have been eliminated, that work will be done in accordance with the NW/WAB agreement and practices. NOTE: Effective with the abolishment of these positions the following work classifications will be discontinued: Inspector Scale Structural Welder Foreman Vent Cleaner Welder Foreman Repairman Foreman Crossing Watchman Rule 2 — (I) Conrail employees allocated to NSR under Article I of Appendix A, of Attachment No. 1 and employees subsequently entering service on the Conrail lines to be operated by NSR shall establish and accumulate seniority in the classifications identified in Rule 2 (h) in one of the following seniority designations: SENIORITY SENIORITY DIVISION Northern Dearborn the lines of the Conrail Detroit, Michigan, Columbus and Southwest Districts that were allocated to NSR
Northern Pittsburgh the lines of the Conrail Youngstown,
Northern Harrisburg the lines of the Conrail Buffalo, Philadelphia, Harrisburg and Allegheny B Districts that were allocated to NSR Track Sub—department rosters (except Equipment Repair) shall be maintained for the Northern Region; designated Division shall be shown for identification with respect to Rule 15 and for Rule 2(11). Separate Equipment Repair rosters and Bridge and Building Sub—department rosters shall be maintained for each of the respective Divisions. Rule 2 — (ii) This rule 2(u) has no application to DPG positions. Conrail employees allocated to MS under Article I of Appendix A to Attachment No. 1 will be prior righted to positions on the Conrail lines allocated to and operated by MS as detailed below. 1) Within the Northern seniority Region and the Dearborn, Pittsburgh and Harrisburg Seniority Divisions, the lines of the former Conrail seniority Districts allocated to NSR will constitute respective prior rights territories, except that for the Dearborn Division the Detroit District lines, Cleveland District lines and the Southwest District lines are consolidated with the Toledo District lines; and for the Harrisburg Division the Buffalo District lines are consolidated with the Southern Tier lines. This will result in the following prior rights territories from former Conrail BMWE seniority districts for NSR allocated territory: Southern Tier (including NSR allocated Buffalo District lines) Philadelphia New Jersey Allegheny A Allegheny B Harrisburg Toledo (including NSR allocated lines in Detroit, Cleveland and Southwest Districts) Columbus Chicago Michigan Youngstown Pittsburgh 2) Such prior righted employees will have preference for positions established with fixed headquarters located on their prior rights territory. Such employees will have preference for Northern Region positions established without fixed headquarters located on their designated Division. Such employees will not be required to exercise seniority to a position without a fixed headquarters beyond their designated Division but may voluntarily do so. As a position without fixed headquarters moves off of the incumbent’s designated Division, the incumbent must either continue with the position or exercise seniority per Rule 14 of the NW—NAB Agreement as if the position were abolished. Such prior righted employees who are on furlough at the time a position without fixed headquarters moves onto their designated Division are entitled to exercise Seniority onto such position within ten days of the position first moving onto their designated Division. 3) Such prior righted employees may have only one prior rights territory and designated Division on the Northern Region rosters and only one prior rights territory on division rosters. These prior rights territories and designated Divisions will be determined by the former Conrail District where the employee possessed the earliest seniority date and will be designated on the rosters. For any classification where an employee’s seniority date on the former Conrail District corresponding to his prior rights territory was not his or her earliest seniority date, such employee will be assigned, for prior rights purposes in that classification, his or her seniority date in that classification on the former Conrail Seniority district corresponding to his or her prior rights territory. An employee who did not hold seniority in one or more classifications on the former Conrail Seniority district corresponding to his or her prior rights territory will not have prior rights in such classification(s) on his or her prior righted territory. Notwithstanding the above, an employee who has a regional seniority date in a classification that is earlier than his or her district seniority date in that classification on the former Conrail Seniority district corresponding to his or her prior rights territory will be assigned that regional seniority date in that classification on the prior rights territory. NOTE: New Northern Region and Dearborn, Pittsburgh, and Harrisburg Division Rosters will be posted as Soon as practicable. In the event that an employee’s residence is located in a different Division and/or prior rights territory than those designated for his seniority date on the rosters, such employee will have a one time opportunity to have his Division and/or prior rights territory on those respective rosters changed to the territory that includes the location of his residence. To obtain such a change the employee must notify the Supervisor— Administrative Services Office in Atlanta, GA in writing or his residence and corresponding Division and/or prior rights territory being requested, within 30 days of this initial posting of the rosters for the new seniority districts. SECTION 2 - Monongahela Railroad and Passenger Agency Employees Seniority rights conferred by Conrail to former Conrail employees currently employed on any passenger agency or former Monongahela Railroad employees will be recognized and said employee(s) will be permitted to exercise seniority in the same manner they could have, had the operation of portions of Conrail by NSR not occurred. Accordingly, former Monongahela Railroad employees will have prior rights for headquartered positions advertised on the former Monongahela property, shall use their 1993 former Conrail Pittsburgh Seniority District Dates for positions headquartered on the former Pittsburgh seniority district and their seniority dates and preferences to positions, as they existed on the Conrail Pittsburgh District, will be integrated in like manner into the NSR Northern Region and Pittsburgh Division rosters and their listing on the Conrail Pittsburgh Production Zone "bid and displacement" list will be dovetailed into the DPG roster with the CR Zone designation. Except as provided above, former Monongahela employees shall use their former Monongahela seniority for positions advertised to the Pittsburgh Division and/or Northern Region SECTION 3 - SUB Plan, February 7, as amended, Work Force Stabilization, and New York Dock Application A. SUB Plan In the application of the January 14, 1999 Arbitrated Implementing Agreement, NSR will continue the Supplemental Unemployment Benefit (SUB) Plan for eligible former Conrail employees represented by BMWE allocated to NSR under Article I of Appendix A to Attachment No. 1. SUB will not apply to employees hired by NSR subsequent to Closing Date. Former Conrail employees who have prior rights under Rule 2(u) will only be obligated, for purposes of SUE, to protect, in the normal exercise of seniority, fixed headquarter positions that are within 60 miles of their residence and positions without fixed headquarters on their designated Division. B. February 7, as amended, Work Force Stabilization Former Conrail employees represented by BMWE allocated to NSR under Article I of Appendix A to Attachment No. 1 will have their prior Conrail service credited as employment relationship with NSR for the purposes of the February 7, 1965 Agreement, as amended. Former Monongahela employees represented by BMWE allocated to NSR under Article I of Appendix A to Attachment No. 1 will have their prior Monongahela and Conrail service credited as employment relationship with NSR for the purposes of the February 7, 1965 Agreement, as amended. C. Eligibility for New York Dock benefits or February 7, 1965 benefits, as amended. Former Conrail employees allocated to NSR must still fully exercise seniority and comply with all other obligations under the February 7, 1965 Agreement, as amended, New York Dock conditions, or any other protective agreement or arrangement. D. Duplication of Benefits There shall be no duplication of benefits received by an employee under SUB or any other protective agreement or arrangement. Tn the event an employee is eligible for benefits under SUB and any other protective agreement or arrangement, such employee shall at the time he or she is affected, make an election for continuance of SUB or election of such other protective agreement or arrangement. Once the election is made this shall stay any other obligations for eligibility for another protective arrangement. An employee who elects protection under one protective agreement or arrangement may, at the expiration of that protection, make a claim under any other applicable protective agreement or arrangement provided he or she is eligible under the provisions of such other protective agreement or arrangement.
SECTION 4 - Enhanced Relocation Benefit If a former Conrail employee allocated to NSR under Article I of Appendix A to Attachment No. 1 is eligible for relocation benefits under New York Dock, he or she will be entitled to the enhancements provided for in Addendum A to this Memorandum of Agreement. SECTION 5 - Contracting Out of Operating Plan Projects This Section 5 does not limit any existing right NSR may have to contract out work in accordance with other agreements. The additional right to contract transaction related projects described in Article I, Section 1 (h) of Attachment No. 1 ("additional contracting rights")will be confined on NSR (and the Conrail territories allocated to and operated by NSR), to a list of projects identified on Addendum B to this Memorandum of Agreement The additional contracting rights will not be utilized on a Division if there are furloughed employees available under the NW/WAS BMWE agreement (as modified by this agreement) on that Division in the Classifications required to perform the work to be contracted. NSR will make a good faith effort, to the extent practicable, to use qualified available BMWE forces on a Division before utilizing such additional contracting rights on that Division. SECTION 6 - 401(k) Plan Former Conrail employees allocated to NSR will be eligible to participate in NSRts agreement employee 401(k) Plan in the same manner as other BMWE represented NSR employees and their former Conrail service will be counted for purposes of the eligibility provisions of that Plan. SECTION 7 - Commercial Drivers License The CDL differential rate as specified in PLB 5542, Award No. 2, and amended by COLA increases as specified in SPA 1099 (Referee Zack), will apply for positions bulletined with a CDL requirement on the Northern Region (Dearborn, Pittsburgh, or Harrisburg Divisions) and for positions bulletined with a CDL requirement on all gangs established under the DPG arbitrated agreement SECTION 8 - Rates of Pay The Rates of pay applicable to the portion of Conrail to be operated by NSR are detailed in Addendum C SECTION 9 - Dovetailing former Conrail Region SeniorityIn application of Article TI, Section 2, of Attachment No. 1 to the Arbitrated Implementing Agreement, employees when allocated to NSR will have their earliest Conrail seniority date in each classification, whether from a Region or a District roster (including Districts in which no territory was allocated to NSR) used in the dovetail to initially establish the new Northern Region rosters. Employees only having Regional seniority will obtain a designated Division based on location of their residence and will not obtain prior rights territory within a Division SECTION 10 - Printing Agreement NSR will make available to former Conrail employees, allocated to NSR under Article I of Appendix A of Attachment No. 1 to the Arbitrated Implementing Agreement, as well as current NSB employees covered by the NW—WAB BMWE agreement a copy of the July 1, 1986 NW—WAB Agreement Book, supplemented with the June 12, 1992 Arbitrated Agreement for DPG’s, the January 14, 1999 Arbitrated Implementing Agreement, this March 17, 1999 modification to the Arbitrated Implementing Agreement, and certain side letters and national agreement provisions. By September 1, 1999, NSR will make available to NSR employees covered by the NSR BNWE agreement certain side letters to that agreement and certain national agreement provisions.The parties agree that they will cooperate in this effort and that the material to be distributed by NSR under this Section 10 will not be excessive or voluminous. Signed at Baltimore, Maryland on this 17th day of March, 1999. Initialed subject to ratification.
FOR BROTHERHOOD OF MAINTENANCE FOR NORFOLK SOUTHERN RAILWAY COMPAXY General Chairman, BMWE Vice President Labor Relations
General Chairman, BMWE ADDENDUM A - March 17, 1999 Memorandum of Agreement
Employees who a) accept a job offer under this agreement which would require a change in residence; b) who actually change their place of residence to a point closer to the new work assignment, and c) who would otherwise be eligible for benefits under Article I, Sections 9 and 12 of New York Dock conditions may elect one of the following options:I. Accept the benefits as provided in Article I, Sections 9 and 12 of New York Dock conditions, except that such employee will be additionally entitled to the following; -A $1,000 transfer allowance paid in advance. If an employee accepts this advance payment but does not relocate, the advance payment will be deducted from any monies due the employee. The Carriers will arrange to have the transfer allowance referred to herein issued two (2) weeks prior to the employee reporting to the new work location, provided the employee gives sufficient notification regarding his election as to whether the employee desires Option 1 or Option 2. -Reimbursement of wage loss not to exceed five (5) days rather than three (3) days as provided in New York Dock. -Reasonable lodging and meal expenses for their relocation up to a maximum of five (5) days, provided the employee provides receipts for reimbursement. -The current automobile mileage rate established by the Carrier for its non-agreement employees for up to two (2) vehicles in connection with the movement of their personal vehicles to the new location. -Reasonable charges for storage of all household furnishings for up to sixty (60) days. II. In lieu of any and all moving expenses and benefits under Article I, Sections 9 and 12 of New York Dock, the employee may elect the applicable lump sum allowance(s) as more fully described below: a. A $2,000 advance payment (in addition to any other payment that may be applicable under this Item II) - If an employee accepts this advance payment but does not relocate, the advance payment will be deducted from any monies due the employee. The Carriers will arrange to have the transfer allowance referred to herein issued two (2) weeks prior to the employee reporting to the new work location, provided the employee gives sufficient notification regarding his election as to whether the employee desires Option 1 or Option 2.b. A lump sum transfer allowance based upon the shortest highway mileage from the old work location to the new work location as follows: Mileage Amount 50% of the applicable lump sum amount called for by this Item 11(b) will be paid when the employee actually relocates to the new work location; and (provided the employee has continued to work or to be available for work at the new work location) the remaining 50% will be paid in two installments at 90 day intervals thereafter. c. An employee who owned a mobile home at the former work location will be paid an additional $3,000. A mobile home owner is defined as an employee who owns or is under contract to purchase a mobile home which was occupied as a principal place of residence immediately prior to the transfer. The employee must furnish evidence satisfactory to the Carrier to establish ownership of that mobile home. d. An employee who owned a home at the former work location immediately prior to the transfer will be paid an additional $11,000. A home owner is defined as an employee who owns or was under Contract to purchase a home which was occupied as a principal place of residence immediately prior to the transfer. The employee must furnish evidence satisfactory to the Carrier to establish ownership of that home.
Memorandum B - Operating Plan Contracting Out Projects 1. Buffalo, NY — Connection to Seneca Yard 2. Buffalo, NY — Seneca yard switching and storage yard 3. Buffalo, NY — Connection tracks at Blosdell and at Transco Wye 4. Buffalo, NY — Connection tracks at CP "GJ" and at Tift yard 5. Buffalo, NY — Upgrade leased yard 6. Buffalo, NY - Construction new alignment at CP Drew 7. Boundbrcok, NJ - Siding Extension Crossover 8. Flemington, NJ - New siding 9. Read Valley, NJ- New siding 10. Clark, VA - Extend siding 11. Glade Springs, VA - Extend siding 12. Ft. Wayne, IN — Second rain Piqua Yard to Hadley 13. Butler, IN — Connection track 14. Bement, IN — storage tracks 15. Reddick, IN — Extend siding 16. Andrews, IN — Extend Siding 17. Rockfield, IN — Extend siding 18. Detroit, MI — Upgrade track from Oakwood Yard to Rouge Yard 19. Philadelphia, PA — Intermodal Terminal at Navy Yard 20. Baltimore, MD — Intermodal Terminal 21. Bethlehem, PA — Intermodal Terminal 22. Harrisburg, PA — Relocate Intermodal Terminal
25. Harrisburg, PA — TC installation Harrisburg to Norristown on the Lehigh Valley Line 26. Shelecta, PA — Construct new line and upgrade existing line 27. Elizabeth, NJ - Expand Intermodal Terminal at E-Rail 28. Croxton, NJ Construct Bulk Terminal; Expand Intermodal Terminal 29. Port Jarvis, NY — Main Line relocation 30. Kansas City, MO - Expand Intermodal Terminal 31. Toledo, OH — Construct Intermodal Yard 32. Chicago, IL — Rebuilt 63rd Street Intermodal Yard 33. Detroit MI — Construct Intermodal Yard 34. Calumet, IL — Construct Intermodal Yard 35. Cleveland, OH - Construct Intermodal Yard 36. Baltimore, MD — Consol Loop Track (connections & yard changes) 37. Wilmington, DE — Shellpot Secondary (restore bridge & Track) 38. Philadelphia, PA - Zoo — X-over 39. Clarksburg, PA — Keystone Lead 4.0 miles and upgrade 40. Haverhill, OH — Construct Loop Track 41. Kansas City, MO - Construct two (2) tracks at Mixing Center 42. Detroit, MI — Construct JIT Terminal (expand little dock) 43. Greencastle, PA - TCS Hagerstown Secondary 44. Detroit, MI — Ecourse Junction Connection 45. Cleveland, OH— Improve Cloggsville Route 46. Erie, PA — Relocate main line 47. Harrisburg, PA - CP Capital connection 48. Hagerstown, MD— Construct connection track 49. Wabash. IN — Construct connection track 5O. Harrisburg, PA — Construct Intermodal Terminal 51. Chicago, IL - Expand 47th Street Intermodal 52. Columbus, OH — Expand Intermodal Terminal. 53. Croxton, NJ — Connection to NY S&W 54. Chesapeake, VA - Auto ramp 55. Croxton, NJ — Expand support yard
57. Ashtabula, OH — Construct connection track 59. Chicago, IL — Mixing Center Expansion 60. Mitchell, IL — Construct Intermodal Terminal |