Common use of Familiarization Clause in Contracts

Familiarization. A. Engineers involved in the consolidation of the Salina Hub covered by this Agreement whose assignments require performance of duties on a new geographic territory not familiar to them will be given full cooperation, assistance and guidance in order that their familiarization shall be accomplished as quickly as possible. Engineers will not be required to lose time or ride the road on their own time in order to qualify for these new operations. B. Engineers will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory. Issues concerning individual qualification shall be handled with local operating officers. The parties recognize that different terrain and train tonnage impact the number of trips necessary and the operating officer assigned to the merger will work with the local Managers of Operating Practices in implementing this Section. If disputes occur under this Article they may be addressed directly with the appropriate Director of Labor Relations and the General Chairman for expeditious resolution. C. It is understood that familiarization required to implement the merger consolidation herein will be accomplished by calling a qualified Engineer (or Manager of Operating Practices) to work with an Engineer called for service on a geographical territory not familiar to him. D. Engineers hired subsequent to the effective date of this document will be qualified in accordance with current FRA certification regulations and paid in accordance with the local agreements that will cover the merged Hub. A. The Carrier will give at least thirty (30) days' written notice of its intent to implement this Agreement. 1. Concurrent with the service of its notice, the Carrier will post a description of Zones 1 and 2 described in Article I herein. 2. Ten (10) days after posting of the information described in B.1. above, the appropriate Labor Relations Personnel, CMS Personnel, General Chairmen and Local Chairmen will convene a workshop to implement assembly of the merged seniority rosters. At this workshop, the representatives of the Organization will construct consolidated seniority rosters as set forth in Article II of this Implementing Agreement. 3. Dependent upon the Carrier's manpower needs, the Carrier may develop a pool of representatives of the Organization, with the concurrence of the General Chairmen, which, in addition to assisting in the preparation of the rosters, will assist in answering Engineers' questions, including explanations of the seniority consolidation and implementing agreement issues, discussing merger integration issues with local Carrier officers and coordinating with respect to CMS issues relating to the transfer of Engineers from one zone to another or the assignment of Engineers to positions. C. The roster consolidation process shall be completed in five (5) days, after which the finalized agreed-to rosters will be posted for information and protest in accordance with the applicable agreements. If the participants have not finalized agreed-to rosters, the Carrier will prepare such rosters, post them for information and protest, will use those rosters in assigning positions, and will not be subject to claims or grievances as a result. D. Once rosters have been posted, those positions which have been created or consolidated will be bulletined for a period of seven (7) calendar days. Engineers may bid on these bulletined assignments in accordance with applicable agreement rules. However, no later than ten (10) days after closing of the bulletins, assignments will be made. 1. After all assignments are made, Engineers assigned to positions which require them to relocate will be given the opportunity to relocate within the next thirty (30) day period. During this period, the affected Engineers may be allowed to continue to occupy their existing positions. If required to assume duties at the new location immediately upon implementation date and prior to having received their thirty (30) days to relocate, such Engineers will be paid normal and necessary expenses at the new location until relocated. Payment of expenses will not exceed thirty (30) calendar days. 2. The Carrier may, at its option, elect to phase-in the actual pool consolidations which are necessary in the implementation of this Agreement. Engineers will be given ten (10) days' notice of when their specific relocation/reassignment is to occur.

Familiarization. A. Engineers involved in the consolidation of the Salina DFW Hub covered by this Agreement whose assignments require performance of duties on a new geographic territory not familiar to them will be given full cooperation, assistance and guidance in order that their familiarization shall be accomplished as quickly as possible. Engineers will not be required to lose time or ride the road on their own time in order to qualify for these new operations. B. Engineers will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory. Issues concerning individual qualification qualifications shall be handled with local operating officers. The parties recognize that different terrain and train tonnage impact the number of trips necessary and the operating officer assigned to the merger will work with the local Managers of Operating Practices in implementing this Sectionsection. If disputes occur under this Article they may Familiarization issues not settled at the local level shall be addressed directly with referred to the appropriate Director of Labor Relations and the General Chairman for expeditious resolutionreview. C. It is understood that familiarization required to implement the merger consolidation herein will be accomplished by calling a qualified Engineer (or Manager of Operating Practices) to work with an Engineer called for service on a geographical territory not familiar to him. D. Engineers hired subsequent to the effective date of this document will be qualified in accordance with current FRA Federal Railroad Administration certification regulations and paid in accordance with the local agreements that will cover the merged Hub. D. Upon implementation but prior to pools being combined, such as Ft. Worth to Xxxxxx/Xxxxxx, the Carrier may call the first out SP and first out UP engineer to go together, over the entire run, for familiarization purposes in addition to using other methods such as a peer training pool, the engineers extra board and certified Carrier Officers. In addition the provisions of Side Letter No. 4 of this Hub shall be applicable and a copy is attached hereto. E. During implementation of the Hub when possible, engineers will not be removed from their regular assignments to become peer trainers and any engineer who work their assignment (road and yard service) 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 or pool freight guarantee payments. Engineers will be required to submit a timeslip indicating he/she was required to train another engineer and shall include the name of the engineer taking the familiarization trip on the timeslip. A. The Carrier will shall give at least thirty (30) days' 30 days written notice for implementation of its intent this agreement and the number of initial positions that will be changed in the Hub. Engineers whose assignments are changed shall be permitted to implement this Agreementexercise their new seniority. After the initial implementation the 10 day provisions of the various Articles shall govern. 1B. This agreement does not require the rebulletining of all assignments due to it’s implementation. Concurrent with When pools and/or extra boards are combined they shall be rebullitened prior to that time. After implementation all displacements shall be made under the service selected CBA. It is not the intent of its notice, the Carrier these provisions to have engineers not bid but wait until implementation day and then displace. Engineers must place on assignment and local chairmen and CMS will post call those engineers that do not place and have them make a description of Zones 1 and 2 described in Article I hereinselection/displacement prior to implementation day so that all engineers have an assignment on that day. 2. Ten (10) days after posting of the information described in B.1. above, the appropriate Labor Relations PersonnelC. When assignments are relocated and engineers are required to relocate, CMS Personnel, General Chairmen and the Local Chairmen will convene a workshop work together to implement assembly of the merged seniority rosters. At this workshop, the representatives of the Organization will construct consolidated seniority rosters as set forth in Article II of this Implementing Agreement. 3. Dependent upon the Carrier's manpower needs, the Carrier may develop a pool of representatives of the Organization, with the concurrence of the General Chairmen, which, in addition to assisting in the preparation of the rosters, will assist in answering Engineers' questions, including explanations of the seniority consolidation and implementing agreement issues, discussing merger integration issues with local Carrier officers and coordinating with respect to CMS issues relating to the transfer of Engineers from one zone to another or the assignment of Engineers to positionsthis transition process. C. The roster consolidation process shall be completed in five (5) days, after which the finalized agreed-to rosters will be posted for information and protest in accordance with the applicable agreements. If the participants have not finalized agreed-to rosters, the Carrier will prepare such rosters, post them for information and protest, will use those rosters in assigning positions, and will not be subject to claims or grievances as a result. D. Once rosters have been posted, those positions which have been created or consolidated will be bulletined for a period of seven (7) calendar days. Engineers may bid on these bulletined assignments in accordance with applicable agreement rules. However, no later than ten (10) days after closing of the bulletins, assignments will be made. 1. After all assignments are made, Engineers assigned to positions which require them to relocate will be given the opportunity to relocate within the next thirty (30) day period. During this period, the affected Engineers may be allowed to continue to occupy their existing positions. If required to assume duties at the new location immediately upon implementation date and prior to having received their thirty (30) days to relocate, such Engineers will be paid normal and necessary expenses at the new location until relocated. Payment of expenses will not exceed thirty (30) calendar days. 2. The Carrier may, at its option, elect to phase-in the actual pool consolidations which are necessary in the implementation of this Agreement. Engineers will be given ten (10) days' notice of when their specific relocation/reassignment is to occur.

Familiarization. A. Engineers involved in the consolidation of the Salina Hub covered by this Agreement whose assignments require performance of duties on a new geographic territory not familiar to them will be given full cooperation, assistance and guidance in order that their familiarization shall be accomplished as quickly as possible. Engineers Employees will not be required to lose time or “ride the road road” on their own time in order to qualify for these the new operations. B. Engineers . Employees will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory. Issues concerning individual qualification qualifications shall be handled with local operating officers. The parties recognize that different terrain and train tonnage impact the number of trips necessary and the operating officer assigned to the merger will work with the local Managers of Operating Practices operating practices in implementing this Section. If disputes occur under this Article they may be addressed directly with the appropriate Director of Labor Relations and the General Chairman for expeditious resolutionsection. C. It is understood that familiarization required to implement the merger consolidation herein will be accomplished by calling a qualified Engineer (or Manager of Operating Practices) to work with an Engineer called for service on a geographical territory not familiar to him. D. B. Engineers hired subsequent to the effective date of this document will be qualified in accordance with current FRA certification regulations and paid in accordance with the local agreements that will cover the merged appropriate Hub. A. . This agreement is entered into this 8th day of April, 1997. /s/ Xxxxxxx Xxxxx /s/ X.X. Xxxxxxxx General Chairman UPED Asst. Vice-President Employee Relations &Planning /s/ Xxxx X. Xxxxx /s/ X. X. Xxxxxxxx General Chairman DRGW General Director Labor Relations /s/ X. X. Xxxxxxx /s/ Xxxxxxxxx X. Xxxxxxx General Chairman MPUL Assistant Director Labor Relations Approved: Vice President BLE Vice President-BLE X. X. Xxxxxxxx 1416 Dodge Street Sr. Asst. Vice President Xxxxx, XX 00000 Labor Relations Mr. R X. XxXxxxxxxx President - Brotherhood of Locomotive Engineers Standard Building 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Dear Sir This refers to our discussions concerning the issues of New York Dock protection and the certification of adversely affected BLE employees. As you know, Union Pacific, in its SP Merger Application, stipulated to the imposition of the New York Dock conditions. The Carrier will give at least thirty (30) days' written notice of its intent to implement this Agreement. 1. Concurrent Labor Impact Study which Union Pacific filed with the service of its notice, the Carrier will post a description of Zones 1 Merger Application reported that 251 Engineers would transfer and 2 described in Article I herein. 2. Ten (10) days after posting that 772 Engineer jobs would be abolished because of the information described in B.1. above, the appropriate Labor Relations Personnel, CMS Personnel, General Chairmen and Local Chairmen will convene a workshop to implement assembly implementation of the merged seniority rostersOperating Plan. At this workshopWithin the New York Dock conditions, Section 11 addresses disputes and controversies regarding the representatives interpretation, application or enforcement of the Organization New York Dock conditions (except for Sections 4 and 12). Under Section 11, perhaps the two most serious areas for potential disputes involve whether an employee was adversely affected by a transaction and what will construct consolidated seniority rosters be such employee's protected rate of pay. In an effort to eliminate as set forth many of these disputes as possible, Union Pacific makes the following commitment regarding the issue of whether an employee was adversely affected by a transaction: Union Pacific will grant automatic certification as adversely affected by the merger to the 1023 Engineers projected to be adversely affected in Article II the Labor Impact Study and to all other Engineers identified in any Merger Notice served after Board approval. Union Pacific will supply BLE with the names and TPA's of this Implementing Agreement. 3such employees as soon as possible upon implementation of approved merger. Dependent upon Union Pacific also commits that, in any Merger Notice served after Board approval, it will only seek those changes in existing collective bargaining agreements that are necessary to Implement the Carrierapproved transaction, meaning such changes that produce a public transportation benefit not based solely on savings achieved by agreement changes(s). Union Pacific commits to the foregoing on the basis of BLE's manpower needsagreement, the Carrier may develop a pool of representatives after merger approval, to voluntarily reach agreement for implementation of the OrganizationOperating Plan accompanying the Merger Application. Even with these commitments, differences of opinion are bound to occur. In order to ensure that any such differences are dealt with promptly and fairly, Union Pacific makes this final commitment: If at any time the concurrence affected General Chairman or the assigned International Vice President of the General Chairmen, which, in addition to assisting in the preparation BLE believes Union Pacific's application of the rostersNew York Dock conditions is inconsistent with our commitments, BLE and Union Pacific personnel will assist in answering Engineers' questions, including explanations of the seniority consolidation and implementing agreement issues, discussing merger integration issues with local Carrier officers and coordinating with respect to CMS issues relating to the transfer of Engineers from one zone to another or the assignment of Engineers to positions. C. The roster consolidation process shall be completed in meet within five (5) days, after which days of notice from the finalized agreed-General Chairman or the International Vice President to rosters will be posted for information and protest in accordance with attempt to resolve the applicable agreementsdispute. If the participants have matter is not finalized agreed-to rostersresolved, the Carrier parties will prepare such rosters, post them for information and protest, will use those rosters in assigning positions, and will not be subject agree to claims or grievances as expedited arbitration with a result. D. Once rosters have been posted, those positions which have been created or consolidated will be bulletined for a period of seven (7) calendar days. Engineers may bid on these bulletined assignments in accordance with applicable written agreement rules. However, no later than within ten (10) days after closing the initial meeting. The Agreement will contain, among other things, the full description for neutral selection, timing of hearing, and time for issuance of Award(s). In view of Union Pacific's position regarding the issues of New York Dock protection and the certification of employees, I understand that the BLE will now support the UP/SP merger. Sincerely, X. X. Xxxxxxxx 1416 Dodge Street Sr. Asst. Vice President Xxxxx, XX 00000 Labor Relations Mr. R X. XxXxxxxxxx President – Brotherhood of Locomotive Engineers Standard Building 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Dear Sir This refers to my letter of March 8, 1996, outlining our respective commitments relative to BLE's support of the bulletinsUP/SP merger. At an informal meeting regarding this matter there were several other related issues discussed, assignments and this letter confirms the substance of those discussions. Union Pacific recognizes that implementing a merger of UP and SP will be made. a complex undertaking which will require planning and cooperation between the parties. Much of our discussions revolved around the process which would best facilitate the implementing agreement negotiation efforts. During our discussions, l agreed to meet with BLE in advance of the serving of New York Dock notices to try to come to consensus on various aspects of the implementing agreement process. Conceptually, it appears the parties are in agreement that our discussion of process should include the following topics: A discussion of what will be contained in the notices, whether they will be all inclusive as to territory or relate to individual regions/corridors, timing of service of notices, etc. An effort to separate the focus of negotiations into logical regions/corridors and prioritize those negotiations so they match up in a meaningful way with the operational implementing priorities, territorial boundaries of labor agreements, etc. General understandings and/or guidelines regarding size of the respective negotiating teams, where and how often they will meet, administrative support, and other such ground rules for the actual conduct of negotiations. We also discussed a concern expressed by several committees regarding the potential that Union Pacific might elect to lease the SPT, SSW, SPCSL and/or DRGW to the UP or MP for certain financial reasons. It was the concern of BLE that such an arrangement might create an avenue by which Union Pacific could avoid New York Dock protective obligations on some of the leased entities. Union Pacific has agreed to accept imposition of New York Dock protective conditions in this proceeding, and by definition that includes SPT, SSW, SPCSL and DRGW, as well as UP and MP. While we have no intention to consummate this merger through such a lease arrangement, Union Pacific commits to the application of New York Dock to such territories even if such a lease arrangement were to occur. The final issue which was discussed pertained to integration of seniority as a result of post- merger consolidations and implementing agreements. BLE asked if Union Pacific would defer to the interested BLE committees regarding the method of seniority integration where the committees were able to achieve a mutually agreeable method for doing so. In that regard, Union Pacific would give deference to an internally devised BLE seniority integration solution, so long as; 1) it would not be in violation of the law or present undue legal exposure; 2) it would not be administratively burdensome, impractical or costly; and 3) it would not create an impediment to implementing the operating plan. I trust that the foregoing accurately reflects our discussions. Sincerely, X. X. Xxxxxxxx 1416 Dodge Street Sr. Asst. Vice President Xxxxx, XX 00000 Labor Relations Mr. R X. XxXxxxxxxx President – Brotherhood of Locomotive Engineers Standard Building 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Dear Sir This refers to my. March 8 letter and to our March 8 meeting in Las Vegas, both of which dealt with the issues of New York Dock protection and the certification of adversely affected BLE employees and our respective commitments relative to BLE's support of the UP/SP merger At the March 8 meeting, we reached an understanding that the certification provided for in the March 8 letter will begin at the time of implementation of the particular transaction in question. The following example illustrates this understanding: The UP/SP merger is approved on August 1. After all assignments are madeThe implementing agreement with the BLE is reached on October 1 and is implemented on December 1. Certification will begin on December 1. l trust the foregoing accurately reflects our understanding. Sincerely, Engineers assigned X. X. Xxxxxxxx 1416 Dodge Street Sr. Asst. Vice President Xxxxx, XX 00000 Labor Relations R X. XxXxxxxxxx President, BLE 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000-0000 Dear Sir This refers to positions which require them to relocate will be given the opportunity to relocate within the next thirty (30) day period. During this periodmy letter of March 9, the affected Engineers may be allowed to continue to occupy their existing positions. If required to assume duties at the new location immediately upon implementation date and prior to having received their thirty (30) days to relocate1996, such Engineers will be paid normal and necessary expenses at the new location until relocated. Payment of expenses will not exceed thirty (30) calendar days. 2dealing with when certification begins. The Carrier may, at its option, elect example in my letter deals with a situation where a single transaction is implemented and indicates that certification begins on the date of implementation. You have asked me to phase-clarify when certification begins in the actual pool consolidations which are necessary event the SP Merger results in multiple New York Dock transactions. In the event the SP Merger leads to multiple transactions with different implementation of this Agreementdates, certification will begin for those employees affected by a particular transaction on the date that transaction is implemented. Engineers will be given ten (10In other words, multiple transactions with different implementation dates lead to different starting dates for certification Sincerely, Xxxx X. Xxxxxxxx THE FOLLOWING IDENTIFIES TERMS AND CONDITIONS REFERRED TO IN ARTICLE IV(B) days' notice of when their specific relocation/reassignment is to occurOF THE DENVER HUB MERGER AGREEMENT THAT WILL BE APPLICABLE TO THE POOL FREIGHT OPERATIONS IN THE HUB.

Familiarization. A. Engineers involved in the consolidation of the Salina Hub covered by this Agreement whose assignments require performance of duties on a new geographic territory not familiar to them will be given full cooperation, assistance and guidance in order that their familiarization shall be accomplished as quickly as possible. Engineers Employees will not be required to lose time or “ride the road road” on their own time in order to qualify for these the new operations. B. Engineers . Employees will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory. Issues concerning individual qualification qualifications shall be handled with local operating officers. The parties recognize that different terrain and train tonnage impact the number of trips necessary and the operating officer assigned to the merger will work with the local Managers of Operating Practices operating practices in implementing this Section. If disputes occur under this Article they may be addressed directly with the appropriate Director of Labor Relations and the General Chairman for expeditious resolutionsection. C. It is understood that familiarization required to implement the merger consolidation herein will be accomplished by calling a qualified Engineer (or Manager of Operating Practices) to work with an Engineer called for service on a geographical territory not familiar to him. D. B. Engineers hired subsequent to the effective date of this document will be qualified in accordance with current FRA certification regulations and paid in accordance with the local agreements that will cover the merged appropriate Hub. A. . This agreement is entered into this 8th day of April, 1997. General Chairman UPED Asst. Vice-President Employee Relations &Planning General Chairman DRGW General Director Labor Relations General Chairman MPUL Assistant Director Labor Relations Approved: UNION PACIFIC RAILROAD COMPANY X. X. Xxxxxxxx Xx. Asst. Vice President Labor Relations 0000 Xxxxx Xxxxxx Xxxxx, XX 00000 March 8, 1996 Mr. X X. McLaughlin President - Brotherhood of Locomotive Engineers Standard Building 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Dear Sir This refers to our discussions concerning the issues of New York Dock protection and the certification of adversely affected BLE employees. As you know, Union Pacific, in its SP Merger Application, stipulated to the imposition of the New York Dock conditions. The Carrier will give at least thirty (30) days' written notice of its intent to implement this Agreement. 1. Concurrent Labor Impact Study which Union Pacific filed with the service of its notice, the Carrier will post a description of Zones 1 Merger Application reported that 251 engineers would transfer and 2 described in Article I herein. 2. Ten (10) days after posting that 772 engineer jobs would be abolished because of the information described in B.1. above, the appropriate Labor Relations Personnel, CMS Personnel, General Chairmen and Local Chairmen will convene a workshop to implement assembly implementation of the merged seniority rostersOperating Plan. At this workshopWithin the New York Dock conditions, Section 11 addresses disputes and controversies regarding the representatives interpretation, application or enforcement of the Organization New York Dock conditions (except for Sections 4 and 12). Under Section 11, perhaps the two most serious areas for potential disputes involve whether an employee was adversely affected by a transaction and what will construct consolidated seniority rosters be such employee's protected rate of pay. In an effort to eliminate as set forth many of these disputes as possible, Union Pacific makes the following commitment regarding the issue of whether an employee was adversely affected by a transaction: Union Pacific will grant automatic certification as adversely affected by the merger to the 1023 engineers projected to be adversely affected in Article II the Labor Impact Study and to all other engineers identified in any Merger Notice served after Board approval. Union Pacific will supply BLE with the names and TPA's of this Implementing Agreement. 3such employees as soon as possible upon implementation of approved merger. Dependent upon Union Pacific also commits that, in any Merger Notice served after Board approval, it will only seek those changes in existing collective bargaining agreements that are necessary to Implement the Carrierapproved transaction, meaning such changes that produce a public transportation benefit not based solely on savings achieved by agreement changes(s). Union Pacific commits to the foregoing on the basis of BLE's manpower needsagreement, the Carrier may develop a pool of representatives after merger approval, to voluntarily reach agreement for implementation of the OrganizationOperating Plan accompanying the Merger Application. Even with these commitments, differences of opinion are bound to occur. In order to ensure that any such differences are dealt with promptly and fairly, Union Pacific makes this final commitment: If at any time the concurrence affected General Chairman or the assigned International Vice President of the General Chairmen, which, in addition to assisting in the preparation BLE believes Union Pacific's application of the rostersNew York Dock conditions is inconsistent with our commitments, BLE and Union Pacific personnel will assist in answering Engineers' questions, including explanations of the seniority consolidation and implementing agreement issues, discussing merger integration issues with local Carrier officers and coordinating with respect to CMS issues relating to the transfer of Engineers from one zone to another or the assignment of Engineers to positions. C. The roster consolidation process shall be completed in meet within five (5) days, after which days of notice from the finalized agreed-General Chairman or the International Vice President to rosters will be posted for information and protest in accordance with attempt to resolve the applicable agreementsdispute. If the participants have matter is not finalized agreed-to rostersresolved, the Carrier parties will prepare such rosters, post them for information and protest, will use those rosters in assigning positions, and will not be subject .agree to claims or grievances as expedited arbitration with a result. D. Once rosters have been posted, those positions which have been created or consolidated will be bulletined for a period of seven (7) calendar days. Engineers may bid on these bulletined assignments in accordance with applicable written agreement rules. However, no later than within ten (10) days after closing the initial meeting. The Agreement will contain, among other things, the full description for neutral selection, timing of hearing, and time for issuance of Award(s). In view of Union Pacific's position regarding the issues of New York Dock protection and the certification of employees, I understand that the BLE will now support the UP/SP merger. UNION PACIFIC RAILROAD COMPANY X. X. Xxxxxxxx Xx. Asst. Vice President Labor Relations 0000 Xxxxx Xxxxxx Xxxxx, XX 00000 March 8, 1996 Mr. X X. McLaughlin President – Brotherhood of Locomotive Engineers Standard Building 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Dear Sir This refers to my letter of March 8, 1996, outlining our respective commitments relative to BLE's support of the bulletinsUP/SP merger. At an informal meeting regarding this matter there were several other related issues discussed, assignments and this letter confirms the substance of those discussions. Union Pacific recognizes that implementing a merger of UP and SP will be made. a complex undertaking which will require planning and cooperation between the parties. Much of our discussions revolved around the process which would best facilitate the implementing agreement negotiation efforts. During our discussions, l agreed to meet with BLE in advance of the serving of New York Dock notices to try to come to consensus on various aspects of the implementing agreement process. Conceptually, it appears the parties are in agreement that our discussion of process should include the following topics: A discussion of what will be contained in the notices, whether they will be all inclusive as to territory or relate to individual regions / corridors, timing of service of notices, etc. An effort to separate the focus of negotiations into logical regions / corridors and prioritize those negotiations so they match up in a meaningful way with the operational implementing priorities, territorial boundaries of labor agreements, etc. General understandings and / or guidelines regarding size of the respective negotiating teams, where and how often they will meet, administrative support, and other such ground rules for the actual conduct of negotiations. We also discussed a concern expressed by several committees regarding the potential that Union Pacific might elect to lease the SPT, SSW, SPCSL and / or DRGW to the UP or MP for certain financial reasons. It was the concern of BLE that such an arrangement might create an avenue by which Union Pacific could avoid New York Dock protective obligations on some of the leased entities. Union Pacific has agreed to accept imposition of New York Dock protective conditions in this proceeding, and by definition that includes SPT, SSW, SPCSL and DRGW, as well as UP and MP. While we have no intention to consummate this merger through such a lease arrangement, Union Pacific commits to the application of New York Dock to such territories even if such a lease arrangement were to occur. The final issue which was discussed pertained to integration of seniority as a result of post-merger consolidations and implementing agreements. BLE asked if Union Pacific would defer to the interested BLE committees regarding the method of seniority integration where the committees were able to achieve a mutually agreeable method for doing so. In that regard, Union Pacific would give deference to an internally devised BLE seniority integration solution, so long as; 1) it would not be in violation of the law or present undue legal exposure; 2) it would not be administratively burdensome, impractical or costly; and 3) it would not create an impediment to implementing the operating plan. X. X. Xxxxxxxx Xx. Asst. Vice President Labor Relations 0000 Xxxxx Xxxxxx Xxxxx, XX 00000 March 9, 1996 Mr. X X. McLaughlin President – Brotherhood of Locomotive Engineers Standard Building 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Dear Sir This refers to my. March 8 letter and to our March 8 meeting in Las Vegas, both of which dealt with the issues of New York Dock protection and the certification of adversely affected BLE employees and our respective commitments relative to BLE's support of the UP/SP merger At the March 8 meeting, we reached an understanding that the certification provided for in the March 8 letter will begin at the time of implementation of the particular transaction in question. The following example illustrates this understanding: The UP/SP merger is approved on August 1. After all assignments are madeThe implementing agreement with the BLE is reached on October 1 and is implemented on December 1. Certification will begin on December 1. l trust the foregoing accurately reflects our understanding. X. X. Xxxxxxxx Xx. Asst. Vice President Labor Relations 0000 Xxxxx Xxxxxx Xxxxx, Engineers assigned XX 00000 March 22, 1996 X X. McLaughlin President, BLE 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000-0000 Dear Sir This refers to positions which require them to relocate will be given the opportunity to relocate within the next thirty (30) day period. During this periodmy letter of March 9, the affected Engineers may be allowed to continue to occupy their existing positions. If required to assume duties at the new location immediately upon implementation date and prior to having received their thirty (30) days to relocate1996, such Engineers will be paid normal and necessary expenses at the new location until relocated. Payment of expenses will not exceed thirty (30) calendar days. 2dealing with when certification begins. The Carrier may, at its option, elect example in my letter deals with a situation where a single transaction is implemented and indicates that certification begins on the date of implementation. You have asked me to phase-clarify when certification begins in the actual pool consolidations which are necessary event the SP Merger results in multiple New York Dock transactions. In the event the SP Merger leads to multiple transactions with different implementation of this Agreementdates, certification will begin for those employees affected by a particular transaction on the date that transaction is implemented. Engineers will be given ten (10In other words, multiple transactions with different implementation dates lead to different starting dates for certification THE FOLLOWING IDENTIFIES TERMS AND CONDITIONS REFERRED TO IN ARTICLE IV(B) days' notice of when their specific relocation/reassignment is to occurOF THE DENVER HUB MERGER AGREEMENT THAT WILL BE APPLICABLE TO THE POOL FREIGHT OPERATIONS IN THE HUB.