Common use of First-In, First-Out Clause in Contracts

First-In, First-Out. Extraboard assignments will be made on the basis of first-in, first-out. Operators returning to their home location, who will arrive within six hours of their first report time since securing their rest, will be allowed to remain first up for any known assignment, for which they are eligible, that is planned within two hours after their arrival. Such operators must advise OSC two and one-half hours or more before their expected arrival to indicate their desire to remain first-up upon arrival. At the time of the request, the operator must notify OSC of their election to be returned home at the end of any subsequent assignment. OSC will have the right to deny the request. Operators placed on protection and then released because the assignment does not materialize will be released and placed at the bottom of the extraboard. An operator who chooses to remain first-up at their home location will not be entitled to the second rest penalty if he/she secures their rest as a result of the assignment. In case of staffing shortage, such operator may be required to remain first-up. Extraboard operators arriving at their home location who are required by the Company to remain first up and work away from their home may elect to be sent home immediately, at the end of the assignment, on the first available assignment or DHOC. Extraboard operators will not be assigned an extra section through their home location, unless their home board is depleted. This provision does not apply to sections where the same location code is used in the system for two different physical locations Extraboard operators who arrive at an away-from-home location without an assignment and not on temporary transfer will not be given a report back time more than two hours after their arrival time or a driving assignment more than five hours after their arrival time. Operators will be placed on protection after two hours if an assignment is anticipated between hours two and five. Under no circumstance will an operator be given any assignment that will exceed the 16-hour rule defined in O-2(a). Such operators will be worked first-in, first-out to or towards their home terminal except in the following two circumstances:  When the extraboard is depleted, in which case operators may be used on any assignment in any direction.  Extraboard operators put to bed at an away-from-home location will not be called to work following their release from duty until they have secured their nine-hour rest, unless the extraboard is depleted. The runaround provision (Article O-2(c)) will not apply to the extraboard operators securing their rest from their release through the tenth hour (fresh time.) Operators will be first-out for assignments going directly to their home terminal ahead of drivers going toward their home terminal. However, all operators based in locations beyond the maximum driving distance will be considered as home terminal operators of the location at the maximum driving distance. An assignment that takes operators to a location 30% or more closer to their home location in terms of distance will be considered “toward.” At the election of the operator(s) who is eligible for a “toward” assignment(s), such operator(s) may bypass a “toward” assignment(s) to take a planned “to” assignment(s) scheduled to depart within four hours of the “toward” assignment. Such election must be made known to OSC with sufficient time (no less than three and one-half hours) to allow another operator to be called to work for the bypassed assignment. If the planned assignment does not materialize, the “runaround” provision does not apply. Upon completion of an assignment, an extraboard operator will be placed on the extraboard at the scheduled arrival time of the assignment unless the operator is more than 60 minutes late. Extraboard operators arriving more than 60 minutes late will be placed on the extraboard at their actual arrival time. For multiple-section SOBOs and charters, the first operator arriving and signing in at the completion of the assignment will set the extraboard placement/schedule time which sets the 60-minute window. Operators on deadheads will have their extraboard placement time set by the scheduled deadhead driving time. Extraboard operators on multiple-section charters, SOBOs, schedules, deadheads or DHOC assignments that arrive within 60 minutes of the set arrival time of the multiple-section assignments will be placed on the extraboard in the order assigned at the point of origin. When two or more operators arrive at their home board at the same time they will be placed on the bottom of the extraboard or become first up in the same order that they departed their home terminal. Extraboard operators returning to their home extraboard may request additional time to get fresh if they do so within one hour of signoff time. Also, extraboard operators will be allowed to float the board for 12 or 24 hours, manpower permitting. (For example, an operator arrives on 10/8 at 3:00 a. m. After making a 12 hour request, and the request is approved, his/her fresh time would be adjusted to 10/8 at 3:00 p.m.) Operators returning home after having reported to work more than 10 hours previous to arrival at home will not be required to remain at work for training. This language will not apply to individualized refresher type training.

First-In, First-Out. Extraboard assignments will be made on the basis of first-in, first-out. Operators returning to their home location, who will arrive within six hours of their first report time since securing their rest, will be allowed to remain first up for any known assignment, for which they are eligible, that is planned within two hours after their arrival. Such operators must advise OSC two and one-half hours or more before their expected arrival to indicate their desire to remain first-first- up upon arrival. At the time of the request, the operator must notify OSC of their election to be returned home at the end of any subsequent assignment. OSC will have the right to deny the request. Operators placed on protection and then released because the assignment does not materialize will be released and placed at the bottom of the extraboard. An operator who chooses to remain first-up at their home location will not be entitled to the second rest penalty if he/she secures their rest as a result of the assignment. In case of staffing shortage, such operator may be required to remain first-up. Extraboard operators arriving at their home location who are required by the Company to remain first up and work away from their home may elect to be sent home immediately, immediately at the end of the assignment, assignment on the first available assignment or DHOC. Extraboard operators will not be assigned an extra section through their home location, location unless their home board is depleted. This provision does not apply to sections where the same location code is used in the system for two different physical locations locations. Extraboard operators who arrive at an away-from-home location without an assignment and not on temporary transfer will not be given a report back time more than two hours after their arrival time or a driving assignment more than five hours after their arrival time. Operators will be placed on protection after two hours if an assignment is anticipated between hours two and five. Under no circumstance will an operator be given any assignment that will exceed the 16-hour rule defined in O-2(a). Such operators will be worked first-in, first-out to or towards their home terminal except in the following two circumstances:  When the extraboard is depleted, in which case operators may be used on any assignment in any direction.  Extraboard operators put to bed at an away-from-home location will not be called to work following their release from duty until they have secured their nine-hour rest, unless the extraboard is depleted. The runaround provision (Article O-2(c)) will not apply to the extraboard operators securing their rest from their release through the tenth hour (fresh time plus call time.) Operators will be first-out for assignments going directly to their home terminal ahead of drivers going toward their home terminal. However, all operators based in locations beyond the maximum driving distance will be considered as home terminal operators of the location at the maximum driving distance. An assignment that takes operators to a location 30% or more closer to their home location in terms of distance will be considered “toward.” At the election of the operator(s) who is eligible for a “toward” assignment(s), such operator(s) may bypass a “toward” assignment(s) to take a planned “to” assignment(s) scheduled to depart within four hours of the “toward” assignment. Such election must be made known to OSC with sufficient time (no less than three and one-half hours) to allow another operator to be called to work for the bypassed assignment. If the planned assignment does not materialize, the “runaround” provision does not apply. All extraboard drivers arriving in Montreal will be used on a first-in/first-out basis, regardless of home board designation, for all extraboard assignments. The only exception is an open Montreal run will be assigned to the first-up qualified Montreal extraboard operator. Extraboard operator(s) called down to protect, not used, and put back to bed will be handed as follows: the operators will remain on the extraboard in their original position(s). Their fresh time will be reset to nine hours from their release time. Upon completion of an assignment, an extraboard operator will be placed on the extraboard at the scheduled arrival time of the assignment unless the operator is more than 60 minutes late. Extraboard operators arriving more than 60 minutes late will be placed on the extraboard at their actual arrival time. For multiple-section SOBOs and charters, the first operator arriving and signing in at the completion of the assignment will set the extraboard placement/schedule time which sets the 60-60- minute window. Operators on deadheads will have their extraboard placement time set by the scheduled deadhead driving time. Extraboard operators on multiple-section charters, SOBOs, schedules, deadheads or DHOC assignments that arrive within 60 minutes of the set arrival time of the multiple-section assignments will be placed on the extraboard in the order assigned at the point of origin. When two or more operators arrive at their home board at the same time they will be placed on the bottom of the extraboard or become first up in the same order that they departed their home terminal. Extraboard operators returning to their home extraboard may request additional time to get fresh if they do so within one hour of signoff time. Also, extraboard operators will be allowed to float the board for 12 or 24 hours, manpower permitting. (For example, an operator arrives on 10/8 at 3:00 a. m. After making a 12 12-hour request, request and the request is approved, his/her fresh time would be adjusted to 10/8 at 3:00 p.m.) Extraboard operators required to undergo training by the Company will be called to work in board order bypassing any operators who have already received the training. Upon completion of the training, operators first up for call(s) will remain on protection for such call(s) so long as the anticipated assignment is within five hours of their original report time and the assignment would not cause the operator to exceed 16 hours on duty. If the work does not materialize, the operator(s) will be paid a minimum day guarantee and will revert to the bottom of the board. If there is no anticipated assignment, the operator will maintain his/her current board position, will be paid actual training time and will have their fresh time reset and will not be entitled to minimum day guarantee. Operators returning home after having reported to work more than 10 hours previous to arrival at home will not be required to remain at work for training. This language will not apply to individualized refresher type training.

First-In, First-Out. Extraboard assignments will be made on the basis of first-in, first-out. Operators returning to their home location, who will arrive within six hours of their first report time since securing their rest, will be allowed to remain first up for any known assignment, for which they are eligible, that is planned within two hours after their arrival. Such operators must advise OSC two and one-half hours or more before their expected arrival to indicate their desire to remain first-up upon arrival. At the time of the request, the operator must notify OSC of their election to be returned home at the end of any subsequent assignment. OSC will have the right to deny the request. Operators placed on protection and then released because the assignment as- signment does not materialize will be released and placed at the bottom bot- xxx of the extraboard. An operator who chooses to remain first-up at their home location will not be entitled to the second rest penalty if he/she secures their rest as a result of the assignment. In case of staffing shortage, such operator may be required to remain first-up. Extraboard operators arriving at their home location who are required by the Company to remain first up and work away from their home may elect to be sent home immediately, immediately at the end of the assignment, assignment on the first available assignment or DHOC. Extraboard operators will not be assigned an extra section through their home location, location unless their home board is depleted. This provision does not apply to sections where the same location code is used in the system for two different physical locations locations. Extraboard operators who arrive at an away-from-home location loca- tion without an assignment and not on temporary transfer will not be given a report back time more than two hours after their arrival time or a driving assignment more than five hours after their arrival time. Operators will be placed on protection after two hours if an assignment is anticipated between hours two and five. Under no circumstance cir- cumstance will an operator be given any assignment that will exceed the 16-hour rule defined in O-2(a). Such operators will be worked first-in, first-out to or towards their home terminal except in the following fol- lowing two circumstances:  • When the extraboard is depleted, in which case operators may be used on any assignment in any direction.  • Extraboard operators put to bed at an away-from-home location will not be called to work following their release from duty until they have secured their nine-hour rest, unless un- less the extraboard is depleted. The runaround provision (Article O-2(c)) will not apply to the extraboard operators securing their rest from their release through the tenth hour (fresh time plus call time.) Operators will be first-out for assignments going directly to their home terminal ahead of drivers going toward their home terminaltermi- nal. However, all operators based in locations beyond the maximum driving distance will be considered as home terminal operators of the location at the maximum driving distance. An assignment that takes operators to a location 30% or more closer to their home location loca- tion in terms of distance will be considered “toward.” At ”At the election of the operator(s) who is eligible for a “toward” assignment(s), such operator(s) may bypass a “toward” assignment(s) to take a planned “to” assignment(s) scheduled to depart within four hours of the “towardto- xxxx” assignment. Such election must be made known to OSC with sufficient time (no less than three and one-half hours) to allow another anoth- er operator to be called to work for the bypassed assignment. If the planned assignment does not materialize, the “runaround” provision does not apply. All extraboard drivers arriving in Montreal will be used on a first-in/first-out basis, regardless of home board designation, for all extraboard assignments. The only exception is an open Montreal run will be assigned to the first-up qualified Montreal extraboard opera- tor. Extraboard operator(s) called down to protect, not used, and put back to bed will be handed as follows: the operators will remain on the extraboard in their original position(s). Their fresh time will be reset to nine hours from their release time. Upon completion of an assignment, an extraboard operator will be placed on the extraboard at the scheduled arrival time of the assignment unless the operator is more than 60 minutes late. Extraboard Extra- board operators arriving more than 60 minutes late will be placed on the extraboard at their actual arrival time. For multiple-section SOBOs and charters, the first operator arriving and signing in at the completion of the assignment will set the extraboard placement/placement/ schedule time which sets the 60-minute window. Operators on deadheads will have their extraboard placement time set by the scheduled deadhead driving time. Extraboard operators on multiplemulti- ple-section charters, SOBOs, schedules, deadheads or DHOC assignments assign- ments that arrive within 60 minutes of the set arrival time of the multiple-section assignments will be placed on the extraboard in the order assigned at the point of origin. When two or more operators arrive at their home board at the same time they will be placed on the bottom of the extraboard or become first up in the same order that they departed their home terminal. Extraboard operators returning to their home extraboard may request additional time to get fresh if they do so within one hour of signoff time. Also, extraboard operators will be allowed to float the board for 12 or 24 hours, manpower permitting. (For example, an operator arrives on 10/8 at 3:00 a. m. 3:00 a.m. After making a 12 12-hour request, request and the request is approved, his/her fresh time would be adjusted to 10/8 at 3:00 p.m.) Extraboard operators required to undergo training by the Com- pany will be called to work in board order bypassing any operators who have already received the training. Upon completion of the training, operators first up for call(s) will remain on protection for such call(s) so long as the anticipated assignment is within five hours of their original report time and the assignment would not cause the operator to exceed 16 hours on duty. If the work does not material- ize, the operator(s) will be paid a minimum day guarantee and will revert to the bottom of the board. If there is no anticipated assign- ment, the operator will maintain his/her current board position, will be paid actual training time and will have their fresh time reset and will not be entitled to minimum day guarantee. Operators returning home after having reported to work more than 10 hours previous to arrival at home will not be required to remain at work for training. This language will not apply to individualized refresher type training.

First-In, First-Out. Extraboard assignments will be made on the basis of first-in, first-out. Operators returning to their home location, who will arrive within six hours of their first report time since securing their rest, will be allowed to remain first up for any known assignment, for which they are eligible, that is planned within two hours after their arrival. Such operators must advise OSC two and one-half hours or more before their expected arrival to indicate their desire to remain first-up upon arrival. At the time of the request, the operator must notify OSC of their election to be returned home at the end of any subsequent assignment. OSC will have the right to deny the request. Operators placed on protection and then released because the assignment does not materialize will be released and placed at the bottom of the extraboard. An operator who chooses to remain first-up at their home location will not be entitled to the second rest penalty if he/she secures their rest as a result of the assignment. In case of staffing shortage, such operator may be required to remain first-up. Extraboard operators arriving at their home location who are required by the Company to remain first up and work away from their home may elect to be sent home immediately, at the end of the assignment, on the first available assignment or DHOC. Extraboard operators will not be assigned an extra section through their home location, unless their home board is depleted. This provision does not apply to sections where the same location code is used in the system for two different physical locations Extraboard operators who arrive at an away-from-home location without an assignment and not on temporary transfer will not be given a report back time more than two hours after their arrival time or a driving assignment more than five hours after their arrival time. Operators will be placed on protection after two hours if an assignment is anticipated between hours two and five. Under no circumstance will an operator be given any assignment that will exceed the 16-hour rule defined in O-2(a). Such operators will be worked first-in, first-out to or towards their home terminal except in the following two circumstances:  • When the extraboard is depleted, in which case operators may be used on any assignment in any direction.  • Extraboard operators put to bed at an away-from-home location will not be called to work following their release from duty until they have secured their nine-hour rest, unless the extraboard is depleted. The runaround provision (Article O-2(c)) will not apply to the extraboard operators securing their rest from their release through the tenth hour (fresh time.) Operators will be first-out for assignments going directly to their home terminal ahead of drivers going toward their home terminal. However, all operators based in locations beyond the maximum driving distance will be considered as home terminal operators of the location at the maximum driving distance. An assignment that takes operators to a location 30% or more closer to their home location in terms of distance will be considered “toward.” At the election of the operator(s) who is eligible for a “toward” assignment(s), such operator(s) may bypass a “toward” assignment(s) to take a planned “to” assignment(s) scheduled to depart within four hours of the “toward” assignment. Such election must be made known to OSC with sufficient time (no less than three and one-half hours) to allow another operator to be called to work for the bypassed assignment. If the planned assignment does not materialize, the “runaround” provision does not apply. Upon completion of an assignment, an extraboard operator will be placed on the extraboard at the scheduled arrival time of the assignment unless the operator is more than 60 minutes late. Extraboard operators arriving more than 60 minutes late will be placed on the extraboard at their actual arrival time. For multiple-section SOBOs and charters, the first operator arriving and signing in at the completion of the assignment will set the extraboard placement/schedule time which sets the 60-minute window. Operators on deadheads will have their extraboard placement time set by the scheduled deadhead driving time. Extraboard operators on multiple-section charters, SOBOs, schedules, deadheads or DHOC assignments that arrive within 60 minutes of the set arrival time of the multiple-section assignments will be placed on the extraboard in the order assigned at the point of origin. When two or more operators arrive at their home board at the same time they will be placed on the bottom of the extraboard or become first up in the same order that they departed their home terminal. Extraboard operators returning to their home extraboard may request additional time to get fresh if they do so within one hour of signoff time. Also, extraboard Extraboard operators will be allowed to float the board for 12 or 24 hours, manpower permitting. (For example, an operator arrives on 10/8 at 3:00 a. m. 3:00 a.m. After making a 12 hour request, and the request is approved, his/her fresh time would be adjusted to 10/8 at 3:00 p.m.) Operators returning home after having reported to work more than 10 hours previous to arrival at home will not be required to remain at work for training. This language will not apply to individualized refresher type training.

First-In, First-Out. Extraboard assignments will be made on the basis of first-in, first-out. Operators returning to their home location, who will arrive within six hours of their first report time since securing their rest, will be allowed to remain first up for any known assignment, for which they are eligible, that is planned within two hours after their arrival. Such operators must advise OSC two and one-half hours or more before their expected arrival to indicate their desire to remain first-up upon arrival. At the time of the request, the operator must notify OSC of their election to be returned home at the end of any subsequent assignment. OSC will have the right to deny the request. Operators placed on protection and then released because the assignment does not materialize will be released and placed at the bottom of the extraboard. An operator who chooses to remain first-up at their home location will not be entitled to the second rest penalty if he/she secures their rest as a result of the assignment. In case of staffing shortage, such operator may be required to remain first-up. Extraboard operators arriving at their home location who are required by the Company to remain first up and work away from their home may elect to be sent home immediately, at the end of the assignment, on the first available assignment or DHOC. Extraboard operators will not be assigned an extra section through their home location, unless their home board is depleted. This provision does not apply to sections where the same location code is used in the system for two different physical locations locations. Extraboard operators who arrive at an away-from-home location loca- tion without an assignment and not on temporary transfer will not be given a report back time more than two hours after their arrival time or a driving assignment more than five hours after their arrival time. Operators will be placed on protection after two hours if an assignment is anticipated between hours two and five. Under no circumstance will an operator be given any assignment that will exceed the 16-hour rule defined in O-2(a). Such operators will be worked first-in, first-out to or towards their home terminal except in the following two circumstances:  • When the extraboard is depleted, in which case operators may be used on any assignment in any direction.  • Extraboard operators put to bed at an away-from-home location will not be called to work following their release from duty until they have secured their nine-hour rest, unless the extraboard is depleted. The runaround provision provi- sion (Article O-2(c)) will not apply to the extraboard operators opera- tors securing their rest from their release through the tenth hour (fresh time plus call time.) ). Operators will be first-out for assignments going directly to their home terminal ahead of drivers going toward their home terminal. However, all operators based in locations beyond the maximum driving distance will be considered as home terminal operators of the location at the maximum driving distance. An assignment that takes operators to a location 30% or more closer to their home location in terms of distance will be considered “toward.” At the election of the operator(s) who is eligible for a “toward” assignment(s), such operator(s) may bypass a “toward” assignment(s) to take a planned “to” assignment(s) scheduled to depart within four hours of the “toward” assignment. Such election must be made known to OSC with sufficient time (no less than three and one-half hours) to allow another operator to be called to work for the bypassed assignment. If the planned assignment does not materialize, the “runaround” provision does not apply. Upon completion of an assignment, an extraboard operator will be placed on the extraboard at the scheduled arrival time of the assignment unless the operator is more than 60 minutes late. Extraboard operators arriving more than 60 minutes late will be placed on the extraboard at their actual arrival time. For multiple-multiple- section SOBOs and charters, the first operator arriving and signing sign- ing in at the completion of the assignment will set the extraboard placement/schedule time which sets the 60-minute window. Operators Oper- ators on deadheads will have their extraboard placement time set by the scheduled deadhead driving time. Extraboard operators on multiple-section charters, SOBOs, schedules, deadheads or DHOC assignments that arrive within 60 minutes of the set arrival time of the multiple-section assignments will be placed on the extraboard in the order assigned at the point of origin. When two or more operators arrive at their home board at the same time they will be placed on the bottom of the extraboard or become first up in the same order that they departed their home terminal. Extraboard operators returning to their home extraboard may request additional time to get fresh if they do so within one hour of signoff time. Also, extraboard operators will be allowed to float the board for 12 or 24 hours, manpower permitting. (For example, an operator arrives on 10/8 at 3:00 a. m. 3:00 a.m. After making a 12 hour request, and the request is approved, his/her fresh time would be adjusted to 10/8 at 3:00 p.m.) Operators returning home after having reported to work more than 10 hours previous to arrival at home will not be required to remain at work for training. This language will not apply to individualized refresher type training.