Common use of Xxxx, President Clause in Contracts

Xxxx, President. Brotherhood of Locomotive Engineers 0000 Xxxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 Dear Xx. Xxxx: This confirms our understanding with respect to Article V - Pay System Simplification of our Agreement of this date. Article V, Part B, Section 4(d) provides in pertinent part that a Trip Rate “shall be used solely to compensate employees for a Start in the involved run/pool.” Section 3(b) of that Part B defines “Start” to include “other trips such as deadhead directly related to and performed by the pool/run. The answer to Q-17 of the agreed-upon Questions and Answers concerning Article V states that “[w]here Trip Rates are implemented, employees will receive the Trip Rate for both the deadhead and the working trip. Article VI - Deadheading , Section 2(b), of the Appendix B to the Award of Arbitration Board No. 458 dated May 19, 1986 provides, in the case of employees whose earliest seniority date in engine or train service is established on or after November 1, 1985 (“Post-85 Employee”), for payment of a minimum of a basic day for certain deadhead trips made separate from service. Such Section 2(b) further provides that “[n]on-service payments such as held-away-from-home terminal allowance will count toward” such minimum basic day. During our negotiations, the BLE requested that the carriers concur with its interpretation that the Article VI adjustment described above does not apply to a Trip Rate paid to a Post-85 employee under circumstances related to deadheading and the payment of held-away-from-home terminal (“HAFHT”) allowance. The carriers refused, asserting that the BLE interpretation was erroneous and that the proper interpretation of those provisions was that such an adjustment should be made under those circumstances. Solely in the interest of concluding a final agreement with the Organization, and without prejudice to their position concerning the appropriate interpretation and application of the provisions cited above, the carriers have agreed not to apply the Article VI adjustment to a Trip Rate paid to a Post-85 employee under circumstances related to deadheading and the payment of HAFHT allowance. Please acknowledge your agreement by signing your name in the space provided below. Very truly yours, Xxxxxx X. Xxxxx I agree: Xxx X. Xxxx , 2003 #13