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CSX Intermodal Terminals, Inc.

AGREEMENT

T-01-92

JANUARY 7, 1992

(as revised through March 31, 2012)

BETWEEN

CSX INTERMODAL TERMINALS, INC.

AND

TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION

TABLE OF CONTENTS

AGREEMENT T-01-92

Paragraph 1-11

Side Letters 1-6

Attachment “A” - Health & Welfare Benefits

Attachment “B” – Capital Builder Plan 401(k)

Attachment “C” – Sick Pay Rule

RULES AGREEMENT – AS MODIFIED THROUGH MARCH 25, 1999

RULE HEADING

1. Scope

2. (blank)

3. Seniority Datum

4. Retention of Seniority

5. Re-entering Service

6. Seniority Districts

7. Seniority Roster

8. Exercise of Seniority

9. Bulletin Rule

10. Promotions, Assignments, and Displacements

11. Time Allowed in Which to Qualify

12. Filing Applications on Other Seniority Districts and Rights of Employees Assigned

13. Reducing Forces

13 ½ Elective Seniority

14. Marking Off and Return

15. Extra Lists, Filling Vacancies and Performing Extra Work

16. Basic Day

17. Work Week

18. Guarantee

19. Notified or Called

20. Overtime

21. Authorizing Overtime and Procedure for Applying Overtime and Calls

22. Absorbing Overtime

23. Changing Assigned Starting Time & Rest Days

24. Meal Period

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25. Reporting and Not Used

26. Holiday Rule

27. Established Rates

28. Change of Title and Rate of Positions

29. Preservation of Rates

30. Maintenance of Earnings

31. Rating Positions

32. Changing Duties

33. Attending Court, Hearings, and Employee Investigations

34. Jury Duty

35. Attending Rules Classes

36. Time-Limit

37. Investigations

38. Decisions and Appeals of Discipline

39. Unjust Treatment

40. Leave of Absence

41. Return from Leave of Absence

42. Travel Time and Expenses

43. (blank)

44. Supplemental Sick Benefits

45. Compassionate Benefits

46. Personal Leave

47. Bereavement Leave

48. Consolidations

49. Transportation when Transferred

50. (blank)

51. Incapacitated Employees

52. Posting Notices

53. Bond Premiums

54. Machines Furnished

55. Health and Safety

56. Vacations

57. Union Shop Agreement

58. Health and Welfare Agreements

59. Stabilization Agreement

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60. Duly Accredited Representatives

61. Printing Agreement

62. (blank)

63. Service Letters and Validating Records

64. Right to Make and Interpret Agreements

65. (blank)

ADDENDA

Addendum 1-A (blank)

Addendum 1-B Scope Rule Letter of Understanding dated May 22, 1981.

Addendum 2 (blank)

Addendum 3-A Synopsis of Holiday Agreement.

Addendum 3-B Letter of Understanding on Holiday Work dated October 9, 1980.

Addendum 4 Synopsis of Vacation Agreement.

Addendum 5 Article IX - Personal Leave of the December 11, 1981 National Agreement.

Addendum 6 L&N Union Shop Agreement dated April 8, 1966.

Addendum 7-A Job Stabilization Agreement.

Addendum 7-B Memorandum of Understanding dated February 7, 1965, Washington, DC.

Addendum 8 Seniority Districts (Rule 6) - Letter of Understanding dated October 22, 1982.

Addendum 9 Letter of Understanding on Rule 11 dated May 22, 1981.

Addendum 10 (blank)

Addendum 11-A Standard Form of Seniority Roster Required by Rule 7.

Addendum 11-B Standard Form of Bulletin Required by Rules 9, 13, 23 and 40.

Addendum 11-C Standard Form of Application for Bid for Bulletined Positions

SUPPLEMENTAL AGREEMENTS

Agreement T-01-96 (December 6, 1996)


Agreement F-01-96 (December 6, 1996)

Agreement T-01-99 (March 25, 1999)

Agreement T-01-03 (July 31, 2003)

Temporary Transfer Agreement (September 28, 2006)

Chambersburg Agreement T-01-07 (June 20, 2007)


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[THIS PAGE INTENTIONALLY BLANK]

Agreement No. T-01-92

January 7, 1992

AGREEMENT

BETWEEN

CSX/SEA-LAND TERMINALS, INC.,

CSX TRANSPORTATION, INC.,

AND


Effective February 1, 1992

WHEREAS it is understood that a company known as CSX/Sea-Land Terminals, Inc. (“Terminal

Company”) will operate certain intermodal terminals located on or adjacent to the CSX

Transportation (“CSXT”) System, and elsewhere; and

WHEREAS Terminal Company desires to have clerical and related work associated with its

management of the intermodal terminals performed by its own employees; and

WHEREAS Terminal Company anticipates that a majority of its initial complement of

bargaining unit clerical employees will be members of TCU performing basically the same work

they had performed on CSXT;

NOW, THEREFORE IT IS AGREED:

1. (a) In order to meet the scheduled start-up date, Terminal Company and TCU have

negotiated and finalized a collectively bargained agreement for the clerical employees engaged in

gate inspection, tie down, yard inventory, and office clerical work at the Intermodal Terminals

located in Atlanta, Georgia; Baltimore, Maryland; Charleston, South Carolina; Charlotte, North

Carolina; Chicago, Illinois; Cincinnati, Ohio; Evansville, Indiana; Jacksonville, Florida;

Kingsport, Tennessee; Memphis, Tennessee; Mobile, Alabama; Nashville, Tennessee; New

Orleans, Louisiana; Orlando, Florida; Philadelphia, Pennsylvania; Portsmouth, Virginia;

Savannah, Georgia; and Tampa, Florida.

(b) The Terminal Company will take steps to terminate or modify its agreements with

outside contractors, and to establish additional positions as needed at Atlanta, Georgia;

Jacksonville, Florida; Little Ferry, flew Jersey; Long Beach, California; New Orleans, Louisiana;

Oakland, California; and Tacoma Washington, which will be governed by this agreement.

(c) A separate seniority district will be established for each Terminal location operated by

Terminal Company and seniority rosters will be prepared as provided in Rule 7, Addendum 8 and

11-A of the L&N General Agreement; and shall not be changed except by mutual agreement

between the parties Signatory hereto.

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2. (a) Effective February 1, 1992, the Terminal Company will establish a number of clerical

positions at each of the following Intermodal Terminals, equivalent to the number of CSXT

regularly assigned clerks at each such location engaged in the performance of gate inspection, tie

down, yard inventory, and office clerical work. Concurrently, CSXT will abolish its regular

clerical intermodal positions at the following locations:

Atlanta, Georgia (Former SCL Roster #4);

Baltimore, Maryland (Former B&O Roster #103);

Charleston, South Carolina (Former SCL Roster #3);

Charlotte, North Carolina (Former SCL Roster #2);

Chicago, Illinois (Former L&N Roster #24);

Cincinnati, Ohio (Former C&O Roster #7);

Evansville, Indiana (Former L&N Roster #13);

Jacksonville, Florida (Former SCL Roster #7);

Kingsport, Tennessee (Former Clinchfield Roster #6);

Memphis, Tennessee (Former L&N Roster #6);

Mobile, Alabama (Former L&N Roster #9);

Nashville, Tennessee (Former L&N Roster #4);

Nlew Orleans, Louisiana (Former L&N Roster #10);

Orlando, Florida (Former SCL Roster #8);

Philadelphia, Pennsylvania (Former B&O Roster #65);

Portsmouth, Virginia (Former SCL Roster #2);

Savannah, Georgia (Former SCL Roster #5);

and Tampa, Florida (Former SCL Roster #8)

(b) Positions to be established by the Terminal Company pursuant to paragraph 2(a)

will be advertised to the employees holding clerical seniority on the former railroad property on

which the terminal is located (SCL, L&N, B&O, C&O). Applications for the positions will be

accepted for a period of ten days after the advertisements are posted. The positions will be

awarded in the following order of preference:

1) Permanent incumbents of the abolished CSXT clerical positions

at each terminal location,

2) In seniority order, other clerical employees on the seniority

district covering the positions to be abolished.

3) In seniority order, other clerical employees on other seniority

districts of the same road, who voluntarily transfer and/or relocate to

accept the new positions, provided there is a furloughed employee

available to replace them on the roster front which they are moving.

NOTE: Incumbents of clerical positions at terminals, who elect to exercise their CSXT

seniority rather than accept the positions established under this Agreement, may be

held on their former positions for a reasonable period of time pending the filling of the

positions by subsequent applicants or new employees, and to assist in the training of

the applicants or new employees. Employees held for this purpose will not be

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considered as having established seniority on the Terminal Company roster.

(c) Employees awarded positions on the new Terminal Company rosters pursuant to

paragraph 2(b) shall have their seniority transferred and removed from the CSXT roster on which

assigned and dovetailed onto the applicable Terminal Company roster.

3. (a) Employees referred to in subsection 2(c) above, shall, for a period of one year from the

effective date of this Agreement, be permitted to submit applications for bulletined positions on their

former seniority roster (or other positions to which they would have been entitled under their former

respective collectively bargained agreements) and such applications for positions will be considered on

the basis of their seniority on their former roster. Employees awarded positions under these conditions

shall have their seniority removed from the Terminal Company roster and restored or transferred as

governed by their former respective agreement.

(b) Employees referred to in subsection 2(c) above, shall, if displaced on the Terminal Company

roster within a period of one year from the effective date of this Agreement, be permitted to return to

their former railroad roster and may exercise cumulative seniority in accordance with their respective

collectively bargained agreements on the basis of their former seniority on that roster. Employees

returning to their former seniority roster under these conditions shall have their seniority removed from

the Terminal Company roster.

(c) In addition, for a period of one year following the effective date of this Agreement, CSXT

clerical employees holding seniority on a roster which formerly included a terminal (or a CSXT roster of

the same road within 30 miles of a terminal), may make application for bulletined positions at that

terminal and will be given preference on a seniority basis over non-employees or employees not covered

by this agreement, to the extent that there is a furloughed employee of CSXT available for recall to active

service to replace each applicant who is awarded a position on a Terminals roster.

(d) CSXT clerical employees holding seniority on a roster which formerly included a terminal

(or a CSXT roster of the same road within 30 miles of a terminal), who acquire displacement rights

under their respective collectively bargained agreements within one year of the effective date of this

Agreement, may exercise seniority to a position on the applicable Terminal Company clerical roster and

if they elect to do so, shall have their seniority transferred from the CSXT roster on which assigned and

dovetailed onto the applicable Terminal Company roster. In the event such exercise of displacement

rights results in the furlough of an employee who formerly held seniority on a CSXT roster, such

furloughed employee may:

1) exercise his seniority to a position on another Terminal Company roster;

2) be reinstated on his former CSXT roster and his seniority rights and

entitlements will be governed by the respective CSXT collectively

bargained agreement;

3) elect to transfer his seniority to another CSXT roster within 30 miles of the

point where he becomes furloughed and his seniority rights and entitlements

will be governed by the respective CSXT collectively bargained agreement.

- 3 -

(e) Upon expiration of the aforementioned one-year period, furloughed TCU-represented

employees of CSXT, who make timely application for subsequent vacancies at the Terminal Company,

will be given preferential consideration for employment before the Terminal Company considers other

individuals for such positions. However, it is understood that the provisions of Section 3 (a) through (d)

of this Agreement will be applicable for a period of 90 days following implementation of CSXT Labor

Agreement No. 6-008-91 ("VISIONS") on any seniority district which formerly included an intermodal

terminal (or a CSXT district of the same road within 30 miles of a terminal), and where such

implementation has not been finalized by the end of the one-year period.

4. (a) At Tampa, Orlando, and Jacksonville, Florida, employees currently covered by the Seacoast

Transportation Agreement will be transferred to the Terminal Company, and they will be added to the

clerical rosters at the locations where they now work, in relative seniority standing, and will be

considered "intermodal employees" governed by the terms of this Agreement. The duties currently being

performed by the Seacoast Transportation employees, will be preserved on the same basis as provided in

the Seacoast Transportation Scope Rule, and may continue to be performed by the Seacoast

Transportation employees without such work becoming exclusively the right of covered employees. In

addition to holding prior rights to the work currently performed, the former Seacoast Transportation

employees will hold prior rights to twelve gate inspection positions at Jacksonville, Florida, which will

be established under this Agreement pursuant to paragraph l(b). The twelve positions will be advertised

initially to SCL clerical and Seacoast employees, and applications will be accepted for a period of ten

days after the advertisements are posted. The twelve positions will be awarded in the following order of

preference:

1) Seacoast employees at Jacksonville, Florida, in seniority order.

2) Seacoast employees at Tampa and/or Orlando in seniority order

regardless of location.

3) Clerical employees at Jacksonville (SCL Roster #7).

(b) Employees covered by the Holston Transportation Agreement will be transferred to the

Terminal Company at the location where they now work, and they will be added to the clerical roster in

relative seniority standing, and will be considered "intermodal employees" governed by the terms of this

Agreement. Duties currently being performed by the Holston Transportation employees, will be

preserved on the same basis as provided in the Holston Transportation Scope Rule, and will continue to

be performed by the Holston Transportation employees.

5. (a) Any clerical employee of CSXT (including Seacoast and Holston) covered by a property

stabilization or protective agreement, who is offered and accepts employment with the Terminal

Company, will be compensated at the full rate of pay agreed upon for employees hired prior to 1986

performing intermodal work ($105.60 per day), plus subsequent wage adjustments.

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(b) CSXT clerical employees hired under the special intermodal agreements at Bedford

Park (Chicago) and Seagirt ICTF (Baltimore) who are not yet covered by a property stabilization or

protective agreement, and who have completed at least one year of compensated service will be

offered employment with the Terminal Company at the full rate of pay in effect for new positions at

their respective locations, and will receive an increase to $85.50 effective February 2, 1992; an

increase to $90.25 effective July 1, 1992, and an increase to $95.00 effective February 2, 1993, to

bring their rates of pay in line with the agreed-upon full rate for other newly hired employees.

Incumbents at Bedford Park and Seagirt who have less than one year's service will be paid in

accordance with paragraph 6(c) of this Agreement, at the appropriate percentage of the "full rate", and

subject to the increases in the "full rate" set forth above.

(c) All employees of CSXT, Seacoast Transportation, and Holston Transportation,

who are offered and accept employment with the Terminal Company under the conditions set

forth in this Agreement, will receive credit for years of service with CSXT, Seacoast or Holston,

for the purposes of computing their vacation, sick pay, personal leave stabilization agreement,

coverage, and pay rate entitlements.

6. In the Agreement provided for in Paragraph 1,

(a) Terminal Company will recognize TCU as the sole and exclusive bargaining

representative for the clerical employees engaged in gate inspection, tie down yard inventory, and

office clerical work at the Intermodal Terminal locations listed in Paragraph 1, managed by

CSX/Sea-Land Terminals, Inc., pursuant to the Railway Labor Act.

(b) Further the parties to this agreement recognize that, if CSX/Sea-Land Terminals,

Inc. transfers to any new or existing facility any portion of work currently performed by

employees covered by this agreement, this agreement shall cover employees in the same or

similar classifications performing such work at the new or existing facility.

(c) The full rate of pay for the Terminal Company clerical positions to be established

in connection with this agreement will be $95.00 per day. New employees hired to fill vacancies

and positions established subsequent to the agreement will have rates of pay calculated for all

service performed within the first twelve months of employment, as follows:

(l) For the first six calendar months of employment, new employees shall be paid 80% of

the applicable full rates of pay.

(2) For the second six calendar months of employment, such employees shall be paid

90% of the applicable full rates of pay.

(3) After completion of twelve calendar months of service, such employees shall be paid

at the applicable full rates of pay.

(4) Employees who have had an employment relationship with the Company and are

rehired will be paid at established full rates of pay after completion of a total of twelve

months' combined service.

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(5) Any calendar month in which an employee does not render compensated service due

to furlough, voluntary absence, suspension, or dismissal shall not count toward

completion of the twelve month period.

(d) The company will have the right to organize groups of employees performing

related functions into teams to facilitate the performance of work. When the team concept is

utilized, the company may designate certain employees to serve as Team Leaders to coordinate

the efforts of groups of employees. An employee designated as Team Leader will be

compensated for such work at one hundred and five percent of the rate of pay to which he would

otherwise be entitled.

(e) Employees at the various Intermodal facilities governed by this agreement will be

considered "intermodal employees" and there will be no artificial barriers to their performing all

of the functions set forth in Section 1.

(f) Employees governed by this Agreement will be covered by the CSX Intermodal

Health and Dental plan administered by Aetna, as set forth in "APPENDIX A". Any negotiated

changes to that plan that are agreed to in subsequent bargaining between the parties to this

Agreement and the CSX Intermodal Headquarters Agreement, shall apply to the employees of the

Terminal Company.

(g) Employees governed by this Agreement will be eligible to participate in a defined

contribution pension plan with employee contributions (401 K) permitted on either a pre-tax or

after-tax basis, or a combination of pre-tax and after-tax. Major terms of this plan are made a part

of this Agreement as summarized in "APPENDIX B".

(h) Employees governed by this Agreement will be subject to the provisions of the

Sick Pay Rule, as set forth in "APPENDIX C".

7. The Terminal Company and TCU agree to adopt the provisions of the TCU/CSXT

(Former L&N) Agreement as modified by paragraphs 6(a) through (h), above. Within thirty days

of the effective date of this agreement, the parties will meet for the purpose of resolving any

other issues concerning the Terminals-TCU Agreement.

8. (a) It is further understood that all work of this craft or class of Clerical, Office,

Station and Stores employees in the offices, departments and operations covered by this

Agreement shall be performed by employees holding seniority rights in and assigned to positions

in the offices and departments at the locations and on the seniority districts as shown in the

Agreement unless otherwise agreed in writing between the management and the General

Chairmen of the CSX and C&O System Boards of Adjustment.

(b) It is further understood and agreed that all work that remains on former SCL, L&N,

B&O, and C&O Districts and not specifically named in this Agreement shall continue to be in and

under the respective General Agreements unless and until otherwise agreed to in writing between

CSXT and the General Chairmen of the CSX and C&O System Boards of Adjustment.

- 6 -

9. Unless otherwise agreed between the parties, Terminal Company will recognize and

apply the following provisions set forth in Article I, Sections 3 and 4 of the National Mediation

Agreement effective June 1, 1991, without prejudice to the fact that the Terminal Company is not

a party to national bargaining and is not represented by the NRLC:

(a) Effective July 1, 1993, all hourly, daily, weekly, monthly

and piece-work rates of pay in effect June 30, 1993 for employees

covered by this Agreement shall be increased in the amount of

three (3) percent applied so as to give effect to this increase

irrespective of the method of payment.

(b) Effective July 1, 1994, all hourly, daily, weekly, monthly,

and piece-work rates of pay in effect on June 30, 1994 for

employees covered by this Agreement shall be increased in the

amount of four (4) percent, applied so as to give effect to this

increase irrespective of the method of payment.

10. Agreements in effect prior to the effective date of this Agreement, including National

Agreements in connection with Wages, Vacations, Holidays, Personal Days, Health and Welfare,

Employment Stabilization, Orange Book Agreement, and other National Agreements to which

the parties signatory to this Agreement and CSXT are a part, as well as the contents of agreed-

upon circulars, Memoranda of Agreement, and Letters of Agreement not in conflict with this

Agreement shall continue to remain in effect unless and until changed in accordance with the

Railway Labor Act, as amended. Any disagreement arising under the provisions of this

Agreement will be handled pursuant to Section 3 of the Railway Labor Act. It is not the intent of

the parties to recognize the provisions of Article IV of the Agreement effective June 1, 1991

(adoption of the TCU-NRLC Study Commission's National Salary Plan) nor will those

provisions become a part of this agreement.

11. This Agreement shall remain in effect through February 1, 1995, and thereafter until

changed or modified in accordance with the provisions of the Railway Labor Act, as amended.

No party to this agreement shall serve or progress, prior to November 1, 1994 (not to become

effective before February 1, 1995) any notice or proposal for the purpose of changing or

modifying the provisions of this Agreement in accordance with the provisions of the Railway

Labor Act as amended.

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AGREED TO this 7th day of January,1992 at Jacksonville. FL.

TRANSPORTATION COMMUNICATIONS CSX/SEA-LAND TERMINALS, INC INTERNATIONAL UNION _/S/ L. H. Tackett_________________________ _/S/ J. R. Clement_______________ L. H. Tackett, General Chairman J. R. Clement, President

_/S/ D. D. Vance_________________________ D. D. Vance, General Chairman

CSX TRANSPORTATION, INC.

APPROVED:

/S/ C. H. Brockett_________________________ /S/ R. P. Byers__________________

C. H. Brockett, Int’l. V. P. R. P. Byers, Sr. Director

Employee Relations

/S/ L. W. Evans___________________

L- W. Evans, Sr. Director

Employee Relations

/S/ G. F. Leif_____________________

G.F. Leif, Sr. Director

Employee Relations

Agreement T-01-92

- 8 -

CSX

INTERMODAL

January 7, 1991

Side Letter No. 1

Agreement T-01-92

Mr. L. H. Tackett, General Chairman Transportation Communications

International Union

5885 Richard Street

Jacksonville, FL 32216

Mr. D. D. Vance, General Chairman Transportation Communications

International Union

10610 Trade Road

Richmond, VA 23236-3041

Dear Sirs:

Reference our discussions concerning those employees affected by the transfer of TCU

agreement covered intermodal work, including but not limited to gate inspection, tie down, yard

inventory, and office clerical work, from CSXT, Seacoast, and Holston to CSX/Sea-Land

Terminals, Inc.

This will serve to confirm our understanding and agreement reached in conference that a

CSXT employee, including Seacoast and Holston employees, who transfers to the Terminal

Company will be "red circled" on the position he is initially assigned and will not be paid less

than the rate of the position to which assigned immediately prior to effective date of transfer, so

long as such employee remains assigned to the position initially assigned.

This will further serve to confirm understanding and agreement that an employee who is

"red circled" as described above will not be required to bid to a higher rated position in order to

protect his rate of pay under any protective agreement so long as he occupies his “red circled"

position, or in the case of Seacoast employees, so long as he occupies one of the designated gate

inspection positions referenced in paragraph 4(a) of the Agreement.

Southern Bell Tower

301 West Bay Street, Suite 2412

Jacksonville, Florida 32202-4404

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Messrs. Tackett, Vance -2- January 7, 1992

NOTE: The loss of red-circle rate is predicated on an employee's

voluntary actions. If an employee's job is abolished, or the

employee is displaced, he will not lose his red-circle rate so long as

he takes the highest rated job to which his seniority entitles him.

If the above correctly reflects our understanding and agreement, please so indicate with

your signature in the space provided below.

Very truly yours,

_/S/ J. R. Clement_______________

J. R. Clement, President

CSX/Sea-Land Terminals, Inc.

AGREED: _/S/ L. H. Tackett_________________________ L. H. Tackett, General Chairman


APPROVED:

/S/ C. H. Brockett_________________________ C. H. Brockett, Int’l. V. P.

Side Letter No. 1 Agreement T-01-92

- 10 -

CSX

INTERMODAL

January 7, 1991

Side Letter No. 2

Agreement T-01-92


International Union

5885 Richard Street



International Union

10610 Trade Road


Dear Sirs:


Agreement covered intermodal work, including but not limited to, gate inspection, tie down, yard

inventory and office clerical work from CSXT, Seacoast, and Holston, to CSX/Sea-Land

Terminals, Inc.

This confirms our understanding and agreement that, should the seniority of employees

on a Terminals Roster not entitle him to a regular assignment on any such roster, he may return

to his former property and roster and exercise his seniority as provided by the applicable clerical

agreement. Employees who exercise such seniority will have their seniority transferred and

dovetailed onto their new roster and will forfeit all seniority on their former Terminals roster.



Very truly yours,

/S/ J. R. Clement____________________

J R. Clement, President


Southern Bell Tower



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AGREED: _/S/ L. H. Tackett_________________________ L. H. Tackett, General Chairman FOR CSX TRANSPORTATION, INC.

_/S/ D. D. Vance_________________________ /S/ R. P. Byers__________________ D. D. Vance, General Chairman R. P. Byers, Sr. Director

Employee Relations

APPROVED:

/S/ L. W. Evans___________________

L- W. Evans, Sr. Director /S/ C. H. Brockett_________________________ Employee Relations C. H. Brockett, Int’l. V. P.

/S/ G. F. Leif_____________________


Employee Relations


- 12 -

CSX

INTERMODAL

January 7, 1991

Side Letter No. 3

Agreement T-01-92


International Union

5885 Richard Street


Dear Mr. Tackett:


Agreement covered intermodal work, including but not limited to, gate inspection, tie down,

yard inventory and office clerical work from CSXT, Seacoast, and Holston, to CSX/Sea-Land

Terminals, Inc.

This confirms our understanding and agreement that the outstanding Section 6 Notices

pertaining to the employees of Seacoast Transportation and Holston Transportation will be

considered resolved by the signing of the agreement transferring said employees and their

work to CSX/Sea-Land Terminals, Inc. The provisions of the TCU-Terminal Company

agreement covering wages, health and welfare, and work rules will be applicable to the former

Seacoast and Holston employees in settlement of the dispute growing out of the notices served

by the Organization, and in settlement of the Seacoast Scope Rule dispute that had been

docketed before the Third Division NRAB (which has been withdrawn by CSXT).

In accordance therewith,

(1) Each former employee of Seacoast Transportation and Holston Transportation subject

to the TCU-Terminal Company agreement, with 2,000 or more straight time hours paid for (not

including any such hours reported to the interstate Commerce Commission as constructive

allowances except vacations holidays, paid sick leave, and guarantees in protective agreements or

arrangements) during the period April 1, 1990 through March 31, 1991, who has an employment

relationship as of the date of this agreement or who has retired or died subsequent to April 1,

1990 will be paid $2,000 within 60 days of the date of this Agreement. Those employees with

fewer straight time hours paid for during such period will be paid an amount derived by

multiplying $2,000 by the number of straight time hours (including vacations, holidays, paid sick

leave, and guarantees in protective agreements or arrangements, as described above) paid for

during that period divided by 2,000. There shall be no duplication of lump sum payments by

virtue of employment under an agreement with another organization.

Southern Bell Tower



- 13 -


(2) Effective July 1, 1991, and retroactive thereto, all hourly, daily, weekly, and

monthly rates in effect on June 30, 1991 for former Seacoast Transportation and Holston

Transportation employees covered by the TCU-Terminal Company Agreement shall be increased

in the amount of three (3) percent applied so as to give effect to this increase in pay irrespective

of the method of payment.



Very truly yours,

/s/ J. R. Clement



AGREED:

_/S/ L. H. Tackett_________________________ L. H. Tackett, General Chairman

FOR CSXT:

/S/ R. P. Byers__________________ R. P. Byers, Sr. Director Employee Relations


- 14 -

CSX

INTERMODAL

January 7, 1991

Side Letter No. 4

Agreement T-01-92


International Union

5885 Richard Street



International Union

10610 Trade Road


Dear Sirs:




Terminals, Inc.

This confirms our understanding and agreement that, in the event CSX/Sea-Land

Terminals, Inc. ceases to perform these operations, and such work as was formerly under the

clerical agreements between TCU and CSXT remains and is performed by or on behalf of CSX

Transportation, Inc., then the work and positions will be governed by the existing respective

clerical agreements between TCU and CSXT.



Very truly yours,

_/S/ J. R. Clement_______________



Southern Bell Tower



- 15 -


AGREED: _/S/ L. H. Tackett_________________________ L. H. Tackett, General Chairman FOR CSX TRANSPORTATION, INC.

_/S/ D. D. Vance_________________________ /S/ R. P. Byers__________________ D. D. Vance, General Chairman R. P. Byers, Sr. Director

Employee Relations

APPROVED:

/S/ L. W. Evans___________________

L- W. Evans, Sr. Director /S/ C. H. Brockett_________________________ Employee Relations C. H. Brockett, Int’l. V. P.

/S/ G. F. Leif_____________________


Employee Relations


- 16 -

CSX

INTERMODAL

January 7, 1991

Side Letter No. 5

Agreement T-01-92


International Union

5885 Richard Street



International Union

10610 Trade Road


Dear Sirs:




Terminals, Inc.

This confirms that the parties to this Agreement discussed the applicability of Article

VI of the National Mediation Agreement of June 1, 1991, to the issue of "intermodal

guarantees" (protective or stabilization rates computed without consideration of the general

wage increases set forth in the National Mediation Agreement of April 15, 1986). For reasons

discussed in conference during negotiation of this Agreement, the parties did not agree on the

applicability of Article VI of the 1991 National Agreement to such intermodal guarantees, and

did not agree whether or not such intermodal guarantees would be replaced by full guarantee

rates upon adoption of the National Salary Plan or an alternative agreement.

It was therefore understood and agreed by the parties that the matter of applicability of said

Article VI will be held in abeyance, without prejudice to the position of either party, until the

matter is disposed of through subsequent negotiation and agreement, between TCU, the Terminal

Company, and CSXT, or by arbitration under the provisions of the Railway Labor Act. If the

matter is submitted to arbitration as a dispute between TCU and CSXT, or if an agreed-upon

interpretation is reached with TCU and the Carrier's Conference Committee, the Terminal

Company will consider the matter resolved for employees covered by this agreement, consistent

with the outcome thereof

Southern Bell Tower



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If the above correctly reflects our Understanding and agreement, please so indicate

with your signature in the space provided below.

Very truly yours,

_/S/ J. R. Clement_______________





APPROVED:



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CSX

INTERMODAL

January 7, 1991

Side Letter No. 6

Agreement T-01-92


International Union

5885 Richard Street



International Union

10610 Trade Road


Dear Sirs:




Terminals, Inc.

This confirms that the work referred to in Section 1, paragraph (b) of the Agreement

dated January 7, 1992 (T-01-92) is work which is currently being performed by outside

contractors at the following locations:

Little Ferry, NJ (2200 83rd St., North Bergen NJ)

Long Beach, CA (Landmark Square, 111 W. Ocean Blvd. Long Beach, CA)

Oakland, CA (1776 Middle Harbor Rd., Oakland, CA)

Tacoma, WA (World Trade Center, 4th Fl, 3600 Port of Tacoma Rd., Tacoma, WA)

Jacksonville, FL (5902 Sportsman Club Rd, Jacksonville, FL)

Atlanta, Ga (173 Boulevard S. F., Atlanta, GA)

New Orleans, LA (7801 Almonaster Ave., New Orleans, LA)

This further confirms that those contractors, to the best of the Terminal Company's

knowledge, have no affiliation with or representation by any labor organization that covers the

work being performed for the Terminal Company. It is the Terminal Company's intention to

terminate its arrangements with said outside contractors, and to hire its own employees to

perform that work which is acknowledged to be consistent with the work described in

Agreement T-01-92 as accruing to the TCU-represented employees of the Terminal Company.

Southern Bell Tower



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It is understood and agreed that Agreement T-01-92 does not cover work presently being

performed by non-clerical TCU-represented employees.



Very truly yours,

_/S/ J. R. Clement_______________





APPROVED:


Side Letter No. 6

Agreement T-01-92

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APPENDIX A

CSX/ SEA-LAND INTERMODAL HEALTH AND WELFARE

PLAN FOR ACTTVE CONTRACT EMPLOYEES

Plan Configuration: Comprehensive Health and Welfare Plan

Administration: Administrative services provided by a selected insurance carrier under an

Administrative Services Only (ALSO) contract.

Deductible: $100 per person ($300 per family) per calendar year for all covered

expenses.

Coinsurance: 90%/ 10% coinsurance after deductible for all covered expenses unless

otherwise indicated.

Stoploss: $2,000 per person ($4,000 per family) per calendar year, including

deductible.

Lifetime Maximum: $1 Million per person, except that the plan covers mental and nervous

disorder treatment of 90 days per calendar year of confinement in an

approved institution. After 90 days. benefits are reduced to 65%. Benefits

may be continued at 90% for a second 90 days upon recertification of the

need to do so, after which coverage will be at 65%.

Confinements for treatment of substance abuse are limited to three(s)

admissions in an individual’s lifetime.

Outpatient psychiatric visits are subject to a $3500 per person calendar

year maximum.

Cost Control Features: Pre-admission and Concurrent Review Program

Healthline

Individual Case Management

Ambulatory Surgery Incentive

Birthing Center Coverage

Pre-admission Testing

Home Health Care

Hospice Coverage

Convalescent Nursing Home/Extended Care

- 21 -

COVERED CHARGES

A. In-Patient Hospital Charges

Covered charges include semi-private room and board, intensive/coronary care unit, nursery

for newborn child, general nursing services. and hospital ancillary charges such as

operating and recovery rooms, delivery room. surgical and anesthesia supplies, biologicals

and solutions, drugs. and X-ray and laboratory tests.

The maximum benefit period for each confinement is 365 days. Charges for private room

limited to hospital's most common semi-private rate. Maternity and polio treatment are the

same as any other illness. Coinsurance is 90%/10% if PACR Program is used: 65%/35% if

not used.

B. Out-Patient Hospital Charges

Covered charges include X-ray and laboratory examinations including pre-admission

testing. surgical and anesthesia supplies, operating and recovery rooms, drugs and other

out-patient ancillary charges. Reimbursement is 90% of covered charges. Out-patient

psychiatric visits are subject to a $3,500 per person calendar year maximum.

C. Hospital Emergency Room

Services and supplies for treatment of sudden and serious medical conditions are

reimbursed at 90%. For treatment of non-emergency conditions, reimbursement is 65%.

D. Physicians' Surgical and Anesthesia Charges

Physicians' reasonable and customary charges for cut-patient or in-patient surgical

procedures including charges for anesthesia. and reimbursed at 90%.

E. Physicians' Charges for Home, Office and Hospital Visits

Physicians' reasonable and customary charges for home, office and hospital visits, including

consultations and emergency treatment, are reimbursed at 90%. However, out-patient

psychiatric visits are limited to one visit per day and subject to a maximum benefit of

$3,500 per calendar year:

F. Physicians' Charges for X-flay and Laboratory Exams

Physicians' reasonable and customary charges for out-patient or in-patient diagnostic X-ray

and laboratory tests, including radiology and pathology, are reimbursed at 90%.

G. Home Health Care Charges

Reasonable and customary charges for home health care (other than custodial care) are

reimbursed at 100% for up to 120 visits in a calendar year. Covered charges include medical

services and supplies, drugs and medicines. laboratory services and supplies. and physical,

occupational or speech therapy, provided all of the following conditions are met:

- the medical care is certified as medically necessary by the patient's attending physician;

- the medical care is provided by a licensed or certified Home Health Care Agency and is

- 22 -

under the supervision of a registered graduate nurse (R.N.), a licensed practical nurse (LP.N.). a

home health aide, or a physical. occupational or speech therapist:

- the person providing such care does not have the same legal residence as. or is not related by

blood or marriage to, the patient:

- the medical care substitutes for in-patient hospital confinement and commences within seven

(7) days following. and is for the same or related condition causing a hospital confinement.

H. Convalescent Nursing Home/Extended Care Facility Charges

Charges for room and board (subject to the standard semi-private rate), general nursing care.

medical supplies, treatment rooms, and other services and supplies customarily provided by

such facilities are reimbursed at 90%, provided all of the follow-ins conditions are met:

- the patient's confinement in such facility substitutes for inpatient hospital confinement:

- the patient is admitted to the facility within 14 days after a hospital confinement of at

least three (3) days;

- the patient receives skilled nursing and/or skilled rehabilitative services on a regular

basis for convalescence from the injury or disease that caused the hospital confinement.

Skilled nursing care means care that can only be performed by, or under the supervision of,

licensed nursing personnel. Skilled rehabilitative services may include such services as

physical therapy performed by, or under the supervision of. a professional therapist.

I. Birthing Center Charges

Birthing Center charges for room and board. care and treatment. medical services and

supplies , are reimbursed at 100% when Birthing Center is used for child delivery in lieu of

in-patient hospital confinement.

J. Ambulatory Surgical Center Charges

Charges by an Ambulatory Surgical Center are reimbursed in connection with surgery

performed in the Center because of injury, sickness, or pregnancy. Covered charges

include:

--services and supplies within 72 hours of surgery and in connection with the surgery;

--diagnostic X-Ray and laboratory examinations within 72 hours immediately prior to the

surgery; and

--reasonable and customary charges for professional fees in connection with the surgery.

Covered charges are reimbursed at 100% when an Ambulatory Surgical Center is used for

surgery that would otherwise be performed on an in-patient basis at a hospital.

K. Hospice Care Charges

Hospice care coverage is available to terminally-ill patients who receive a medical prognosis for

six (6) months or less to live. Covered charges are reimbursed at 100% for up to six (6) months

for care provided by an approved hospice facility, or a licensed Hospice Care Agency, when

such care is furnished in lieu of in-patient hospital care. Covered charges include room and

board (subject to the standard semi-private rate). nursing services. drugs prescribed by a

physician for pain relief or symptom management, physical and occupational therapy, and

psychological counseling.

- 23 -

L. Prescription Drug Charges

Coverage is limited to drugs that can be obtained only upon prescription of a Licensed

physician. Reimbursement is 90% for brand name drugs, 100% for generic drugs. A mail

service drug program for maintenance drugs (up to a 120 day supply) is provided at a cost

of $5.00 per prescription.

M. Ambulance Charges

Ambulance charges are reimbursed at 90% for transportation of the covered person by

ambulance in cases where such transportation is medically necessary.

N. Organ Donor Expenses

Charges incurred by a living donor of an organ or tissue to a covered employee or dependent are

reimbursed on the same basis as if the donor were a covered employee, but only to the extent

that the donor's expenses are not reimbursed under another health insurance plan. (Note: Organs and tissues to be covered under this provision are yet to be determined.) O. Preventive Care charges

Charges are reimbursed at 90% for the following preventive care service:

--laboratory fees for annual pap smears;

--well baby care (6 visits) for infants less than one (1) year of age;

--standard immunizations

P. Other Covered Charges

Charges are reimbursed at 90% far other covered charges as listed below:

--chemotherapy and X-ray, radon, radium, and radioactive isotope therapy;

--oxygen and its administration;

--rental of wheel chair. hospital bed, iron lung, and certain other durable medical equipment or

purchase of such items at administrators option;

--artificial limbs and artificial eyes including replacement thereof due to pathological change;

--physical, occupational and respiratory therapy if ordered by a physician and rendered by a

qualified therapist;

--blood and blood plasma which has not been replaced on behalf of the patient

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OTHER PLAN PROVISIONS

Eligibility

Employees are eligible and covered for insurance on the first day of the month following

month of hire.

Eligible dependents are covered for insurance while the employee is covered with the

following exception: Except for newborn children, coverage for dependents confined in an

institution or at home from injury or disease when coverage would otherwise first become

effective will be delayed until a medical release from such confinement is obtained.

Eligible Dependents

Eligible dependents include the employee’s lawful spouse and unmarried children under 19

years of age (25 years or age if a full-time student at an accredited school or university). Step

children, foster children, legally adopted children, and grandchildren are also eligible if all

of the following conditions art met:

- the child lives with the employee in a regular parent-child relationship;

- the employee provides at least 50% of the child's support;

- the employee claims the child as an exemption for federal income tax purposes;

- the child is unmarried.

If both spouses are covered by this plan as employees, only one of the parents may cover

their eligible children as dependents. Children covered by this plan as employees are only

covered as employees. Children are not eligible for coverage while in military service.

Exclusion for Pre-Existing Conditions

No benefits are payable for a condition which existed before the effective date of coverage

until the earliest of the following:

- completion of a 90 day period without treatment for the condition; or

- for employees, completion of six (6) months active service;

- for dependents, completion of one (1) year of coverage.

Coordination with Other Plans

Duplicate benefits will not be paid under this plan and another plan. Benefits will be

coordinated so that claims are paid under the primary plan with any residual being paid to

the extent provided by the secondary plan. The plan covering that patient as an employee

will be the primary plan. For a dependent child, if both parents have group health care plans,

the parent whose birth date (excluding the year of birth) comes first during the calendar year

will have the primary plan. In the case of a divorce or separation, the plan of the parent with

custody of a dependent child will be considered primary for the child. If the person with

custody remarries, the stepparent's plan will be secondary, and the plan of the parent without

custody will be tertiary.

- 25 -

Termination of Coverage

- In the event of strike, lockout, furlough, death (dependent coverage), suspension of

dismissal (except for cause): End of fourth month following month in which compensated

service was last rendered. Disciplined employees must have six (6) months of employment

and three (3) premiums paid on their behalf. Such employees awarded back pay will be

treated as having rendered compensated service in period covered by pay.

- Retired: End of month following last month in which compensated service rendered.

- Disabled: Two (2) calendar years after end of year in which compensated service last

rendered provided disability sole reason for not working.

- Conditions arising before end of coverage: Earliest of three (3) months after general

coverage ends or two (2) calendar years without compensated service.

Special Continuation Provisions

COBRA benefits apply.

Exclusions

(Note: Listing of exclusions yet to be determined. Among other things, should include

physicians' administrative expenses (completion of claim forms, etc.)

Definitions

(Note: Definitions to be included yet to be determined. Among other things, should include

definition of 'medical necessity" and emphasize that all coverage is conditional upon

"medical necessity". Should also include definition of a "physician" and specify whether

D.O.s, podiatrists, chiropractors, and psychologists are considered as eligible practitioners.)

On-Duty Injuries

Workers Compensation provisions apply

Life Insurance

The amount of Life Insurance on each covered employee is $10,000. The amount of Life

Insurance on each retiree is $2,000.

Accidental Death and Dismemberment

Loss of life $10,000

Both hands, feet or sigh of both eyes $10,000

Any combination of hand, foot, or sight of one eye $10,000

One hand, foot, or sight of one eye $ 5,000

Both Life Insurance and Accidental Death and Dismemberment benefits shall contain

conversion privilege, without a physical examination.

- 26 -

APPENDIX B

CAPITAL BUILDER PLAN 401(k)

SEE CSX/SEA-LAND TERMINALS, INC.

HEALTH & WELFARE PLAN FOR

ACTIVE CONTRACT EMPLOYEES

FOR SUMMARY PLAN DESCRIPTION

401(k) INFORMATION & ENROLLMENT PACKETS

WILL BE MAILED TO THE EMPLOYEE’S HOME

- 27 -


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APPENDIX C

SICK PAY RULE

(AS REVISED BY AGREEMENT T-0l-92)

(a) There is hereby established a non-governmental plan for sickness allowances

supplemental to the sickness benefit provisions of the Railroad Unemployment Insurance Act, as

now or hereinafter amended. It is the purpose of this sick leave rule to supplement the sickness

benefits payable under the Act and not to replace or duplicate them.

(b) This plan contemplates that on any given day for which an employee is entitled to

benefits under both the Railroad Unemployment Insurance Act and this Rule the company shall

supplement the benefits provided under the Act and received by the employee to the extent of the

difference in benefits provided under the Act and that provided under this Rule (but only for days

on which the employee would have had a right to work, with a maximum of five (5) days'

supplemental benefits in any calendar week).

(c) Beginning on the first day an employee is absent from work due to personal illness

and extending in each instance for the length of time determined by the provisions of this section

(c), each such employee shall be entitled to a sickness allowance for such days of illness on

which he otherwise would have worked (subject to the provisions of section (b) hereof) in

accordance with the schedule of benefits as set forth below:

1. Upon completion of one (1) year of service, a total in the following year of

five (5) days' pay.

2. Upon completion of two (2) year of service, a total in the following year of

eight (6) days' pay.

3. Upon completion of five (5) year of service, a total in the following year of

ten (10) days' pay.

4. Upon completion of ten (10) year of service, a total in the following year

of twenty (20) days' pay.

NOTE: Until an employee has completed three (3) years of continuous

service, each consisting of twelve (12) calendar months, the employee's

sick leave allowance and eligibility therefor shall be calculated from the

date of entry into company service. Effective January 1, immediately

following completion of three (3) years of continuous service, the

calendar year of January 1 to December 31 shall be the "year of service"

for sick. leave purposes. During the year of the period of transition

from a "service" to a "calendar-year" basis, an employee shall be

- 29 -

allowed not more than the equivalent of one (1) working day for each

calendar month or major fraction thereof intervening between the data

of completion of three (3) years of service and the commencement of

the following calendar year but, in any event, not mare than eight (8)

days, exclusive of any unused sick leave allowance accrued, tinder the

provisions of the following paragraph of this section.

Employees may accumulate unused sick leave days for previous years of service. After an

employee has accumulated a minimum of thirty (30) days of unused sick leave, thereafter in each

year of service the employee shall have the option, which must be made in the month of

February, of receiving payment in five (5) full-day increments at the rate of fifty percent (50%)

of the daily allowance for each day which he elects to option of the unused sick leave in a sick

leave bank. Pay for unused sick time will be based upon the position occupied by bulletin on the

last day of the year or the protected rate being paid, whichever is higher, and will be paid in the

next payroll period. Pay for employees assigned to a guaranteed extra board will be based upon

the guaranteed extra board rate of pay or protected rate being paid, whichever is higher. Pay for

employees furloughed or otherwise unassigned to a bulletined position at the end of the year, and

not on a guarantee, will be based upon the rate of the last position occupied by bulletin, such rate

to be adjusted to include any general wage increases granted between the time the employee last

worked and the end of that calendar year.

(d) Upon termination of employment (except in the case of dismissal for cause), an

employee will be paid for all accumulated and unused sick leave at the rate of fifty percent (50%)

for each such accumulated or unused sick leave day. Should an employee who has accumulated

unused sick leave die, the unused sick leave will be paid to such beneficiary as may have bean

designated, or in the absence of such designation, the surviving spouse or children or his estate,

in that order of preference.

(e) Where employees are regularly required to work their eight (8) hour assignments on

their rest days and/or holidays, when they are absent due to sickness on such days, the designated

holidays and assigned rest days will be considered as working days for the purpose of applying

this rule; however, the absent employee will be allowed only straight time rate for the time lost

on such day or days.

(f) Employees off duty account of sickness in any calendar year in excess of the specified

allowance to which entitled under section (c) hereof shall, upon request be given additional sick

leave with pay to the extent of unused sick leave in the employee's sick leave bank. Sick leave

entitlement for the current year must be used before any sick leave in the sick leave bank can be

used.

(g) Before the end of the last week in January of each year, each employee with unused

sick leave will be notified of the number of unused days which are being placed in the employee's

sick leave bank and the total number of accumulated days in sick leave bank.

- 30 -

(h) The supervising officer of the Company will supply employees entitled to file for

sickness benefits under the Railroad Unemployment Insurance Act the necessary papers for filing

claim and supplying the company such information as it may need in connection therewith in

order to facilitate the collection of money due the employee from the Retirement Board and the

making of payment by the company of any supplemental benefits due the employee under the

provisions of this Rule. In the event the employee forfeits sickness benefits under the Railroad

Unemployment Insurance Act for any day of sickness because of his failure to file for such

benefits, he shall only be entitled to any Company-paid supplemental benefit due for that day,

except where the failure to file was unavoidable.

(i) It will be optional with the Company to fill or not fill the position of an employee

who is absent account of personal illness under the provisions of this Rule. If the Company elects

to fill the vacancy, the Rules of the Agreement applicable thereto will apply. The right of the

Company to use other employees on duty to assist in performing duties of the employment absent

under this Rule is recognized, provided, however, the absentee's work performed by "other

employees" is performed within the assigned hours of the "other employees".

(j) The employing officer must be satisfied that the illness is bona fide. Satisfactory

evidence as to sickness, preferably in the form of a certificate from a reputable doctor, may be

required in case of doubt and such request must be made of the employee involved not later than

the day on which the employee returns to service following illness. The Local Chairman and the

General Chairman will cooperate with the company to the fullest extent to see that no undue

advantage is taken of this Rule.

(k) An employee falsely claiming sick time will be subject to disciplinary action.

(1) Before applying the foregoing provisions of this Rule, the Company shall determine,

under the principles stated in this paragraph, whether sick leave compensation or supplemental

allowances are to be paid. Any employee who is not entitled to Railroad Unemployment

Insurance Act sickness by virtue of insufficient earnings in a base year, or where a period of

illness is not of sufficient length to satisfy a waiting period, will be paid compensation, and all

such amounts paid will be reported as compensated sick leave. In all other instances,

supplemental allowances will be paid and they will not be reported as compensation.

(m) Employees who exhaust all sick time due in one calendar year but have not returned

to duty as of January 1 of the succeeding calendar year will not be eligible for any further sick

payments from the company until they return to service.

(n) Regularly assigned and extra board employees whose positions are abolished or who

are displaced while off sick will continue to receive any sick payments being allowed until such

time as they have exhausted the total sick time due or until recovery from illness.

(o) Employees who report for duty on their assignment and who, during such tour of

duty absent themselves account personal illness, shall be compensated for the full tour of duty

under the provisions of Rule 22 of the General Agreement, provided they are entitled to benefits

- 31 -

thereunder. Employees are referred to herein who are not entitled to compensation under the

provisions of Rule 22 of the General Agreement shall be compensated for actual time on duty.

NOTE 1:

Absence from duty account off-duty injury will be considered the same as

absence account of personal illness for purposes of this Rule. If an

employee is compensated under this Rule and receives damages because of

injury, the company will be reimbursed for allowances made hereunder;

however, such reimbursement will be limited to the amount received under

this Rule, whichever is less. Except as provided in Rule 52, absence from

duty account on-duty injury will be considered the same as absence

account of personal illness for the purposes of this Rule unless otherwise

requested by the injured employee.

NOTE 2:

All employees who are receiving allowances or benefits under protective

agreements such as Appendix "H", the Washington Agreement, and

agreements covering inter or intra-company consolidations, transfers and

reorganizations, will be eligible for sickness allowances as prescribed in

this Rule.

NOTE 3:

A regularly assigned employee who has a protected rate under a protective

agreement and who is entitled to allowances under this Rule, will be paid

at the rate of his regular assignment (position to which assigned by

bulletin) or his protected rate, whichever is higher

- 32 -

FORMER L&N RULES AGREEMENT (AS MODIFIED THROUGH MARCH 25, 1999)

RULE 1 – SCOPE (revised 03/25/99)

(a) This agreement shall govern the hours of service and working conditions of employees

engaged in the work covered hereunder, subject to exceptions noted herein.

(b) Positions or work covered under this Rule 1 shall not be removed from such coverage except

by agreement between the General Chairman and the Director of Labor Relations. It is understood that

positions may be abolished if, in the Company's opinion, they are not needed, provided that any work

remaining to be performed is reassigned to other positions covered by the Scope Rule.

(c) Employees covered by this agreement will load, brace, block, tie down, unblock,

untie, and unload trailers or other freight containers moving in or on open cars.

NOTE: (See Addendum 1.)

RULE 2 – [intentionally blank]

RULE 3 - SENIORITY DATUM (revised 03/25/99)

(a) Seniority is established and its exercise allowed as provided by the terms of this

agreement. Seniority rights of employees to vacancies or new positions covered by this agreement will

be governed by these rules. Seniority established hereunder is to be retained by the employee, subject

to the terms of this agreement, while same remains in effect. The two parties signatory hereto have

full authority to jointly reach a mutual, definite, and final conclusion on any question affecting

seniority held under this agreement.

(b) Seniority begins at the time that the employee first performs compensated service under

the agreement on the seniority district in which employed.

(c) Where two (2) or more employees enter the service at the same hour on the same day,

the senior in age will be considered the senior employee.

RULE 4 - RETENTION OF SENIORITY (revised 03/25/99)

(a) Effective December 6, 1996, all employees covered by this agreement who are

subsequently promoted to wholly excepted or official positions shall be required to pay an

appropriate monthly fee, not to exceed monthly union dues and assessments, in order to retain

and continue to accumulate seniority. An employee holding a wholly excepted or official position

covered by this Section whose payments are delinquent shall be given a written notice by the

appropriate General Chairman of the amount owed and ninety (90) days from the date of such

notice to cure the delinquency in order to avoid seniority forfeiture.

- 33 -

(b) Employees promoted prior to December 6, 1996 to wholly excepted or official

positions from crafts or classes represented by TCU which have been required to pay an appropriate

monthly fee, not to exceed monthly union dues and assessments, in order to retain and accumulate

seniority will continue to do so. An employee holding a wholly excepted or official position covered

by this Section whose payments are delinquent shall be given a written notice by the appropriate

General Chairman of the amount owed and ninety (90) days from the date of such notice to cure the

delinquency in order to avoid seniority forfeiture.

(c) Employees promoted prior to December 6, 1996 to wholly excepted or official

positions from crafts or classes represented by TCU who have not been required to pay an appropriate

monthly fee, not to exceed monthly union dues and assessments, in order to retain and accumulate

additional seniority will be required to do so henceforth; otherwise, they will no longer accumulate

additional seniority. An employee holding a wholly excepted or official position covered by this

Section who fails to begin payment of the appropriate monthly fee shall be give a written :notice by

the appropriate General Chairman of the amount owed and ninety (90) days from the date of such

notice to cure the delinquency in order to avoid having their seniority frozen.

RULE 5 - RE-ENTERING SERVICE

(a) Re-entering Service: Employees voluntarily leaving the service, or violating the leave

of absence rule, or whose dismissal has been sustained, or whose seniority has been forfeited

under these rules, will, if they re-enter the service, do so as new employees.

(b) This rule does not prohibit the reinstatement of a dismissed employee with seniority

rights unimpaired, by mutual agreement between management and the General Chairman.

RULE 6 - SENIORITY DISTRICTS

Seniority Districts: The following seniority districts are established over which

employees covered hereby may exercise their seniority. Seniority districts thus established shall

be continued unless and until changed by mutual agreement between the Management and the

accredited representative of the employees: (w/districts shown as Addendum 8).

RULE 7 - SENIORITY ROSTER

(a) A separate roster for each seniority district shall be maintained covering the employees

holding or establishing seniority rights thereon. Rosters will be prepared in standard form (Addendum

11-A) showing the names in seniority order. Rosters will be posted in agreed upon places accessible to

all employees affected.

(b) Rosters shall be revised as of January 1 and posted January 15 of each year and shall

be open to protest and proper correction for a period of thirty days after posting. After such

period and correction the roster shall govern and remain posted until issuance of the next roster.

- 34 -

The provisions for annual revision and posting of seniority rosters will be not be

construed to mean that the General Chairman will be denied the right to request and receive

additions to or deletions from the previous rosters.

(c) Any seniority dates established in accordance with the rules of this agreement, which

have remained unchanged after the close of two successive roster protest periods, as designated

in paragraph (b) of this rule, shall not be open to any protest thereafter.

(d) Typographical errors and any name omitted by oversight shall be corrected upon

discovery.

(e) The Local Chairmen will be furnished one copy of all rosters for their respective

districts. Three complete sets of rosters for each district on the system will be sent to the

Director of Labor Relations for delivery to the General Chairman.

RULE 8 - EXERCISE OF SENIORITY

Seniority rights of employees covered by these rules may be exercised only in case of

bulletined vacancies, new positions or reduction of forces, or as otherwise provided in this agreement.

An employee who has a seniority displacement right may exercise seniority to his former

position if same is under bulletin and the bulletin advertising such position shall be canceled.

RULE 9 - BULLETIN RULE

(a) Positions or vacancies known to be of 30 calendar days or more duration will be

bulletined and filled in accordance with these rules. No bulletin will be issued on a temporary basis.

(b) New positions or vacancies will be promptly bulletined in agreed-upon places for a

period of seven calendar days in the district where they occur. Bulletins shall be on standard

form as provided in Addendum 11-B showing location, title and description of duties, rate of

pay, assigned hours of service, assigned meal period, and assigned rest days.

Except when actual conditions necessitate change in positions, the vacancy will be

bulletined just as it was being filled prior to the vacancy, both as to work period and duties.

A new position under bulletin may be filled temporarily under Rule 15 pending as

assignment.

Where positions do not carry the proper title and a complaint is registered thereon,

conference will be arranged between the Director of Labor Relations and General Chairman and

proper titles placed on the positions. The intent of this agreement being to place titles on the

positions in line with the duties thereof.

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(c) Employees desiring a bulletin position must prepare their bid on standard form as

shown in Addendum 11-C, forwarding same in triplicate to reach the designated official within

time limits named in the bulletin. The official will acknowledge receipt by returning one signed

copy to the applicant and one signed copy to the Local Chairman.

A bid may not be withdrawn after close of bulletin.

(d) Actual assignment will be made to the position within seven calendar days after close

of bulletin. After such assignment the employee shall not be held on former position except by

mutual agreement between the Local Chairman and Company Representative, but under no

circumstances shall this provision exceed seven calendar days.

(e) Copies of all bulletins issued will be furnished the General and Local Chairman for

the respective district.

(f) When bidding upon more than one position at the same time, preference shall be stated.

(g) When an employee is awarded a bulletined position, he cannot return to his former

position by bid until it has been again advertised and assigned. However, such employee may

exercise seniority displacement rights on such position.

An employee on leave of absence, or on vacation, or sick leave, does not have biding

rights while away. He exercises rights after or upon return under provisions of Rule 41.

(h) When an employee junior to other bidders is assigned to a bulletined position, the

senior employee making the bid will, upon written request, if filed within seven (7) days from

date of assignment, be advised in writing the reason for non-assignment.

(i) In the event no bids are received from employees on district where vacancy is

bulletined, subject to Rule 59, the position shall be filled in the following manner:

1. Furloughed employees on district involved in seniority order.

2. Extra employees on district involved in inverse seniority order.

3. By assigning the senior employee from another district who has made

application properly on file under Rule 12, possessing fitness and ability.

4. By new employment.

NOTE: In making assignment under items 1, 2 and 3 above, when more

than one position is filled, the senior employees shall have their choice.

Employees failing to protect such assignment shall forfeit all seniority.

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RULE 10 - PROMOTIONS, ASSIGNMENTS, AND DISPLACEMENTS

Employees covered by these rules shall be in line for promotion. Promotion, assignments,

and displacements shall be based on seniority, fitness, and ability; fitness and ability being

sufficient, seniority shall prevail.

NOTE: The word "sufficient" is intended to more clearly establish the

right of the senior employee to a position where two or more employees

have adequate fitness and ability.

RULE 11 - TIME ALLOWED IN WHICH TO QUALIFY

(a) Employees awarded bulletined positions will be allowed 30 working days in which to

qualify, except when it is plainly seen within less than 30 working days that they cannot qualify,

they will be disqualified. An employee disqualified shall, within seven (7) calendar days from

date disqualified:

1. Return to former position, provided it has not been abolished in his absence and

provided he has not in his absence been displaced by a senior employee; or

2. Exercise seniority rights to any position bulletined during the qualification period.

3. If upon return the employee disqualified finds his former position abolished or that

he has been displaced by a senior employee, he will exercise seniority rights as

provided in Rules 8 & 13. Other employees affected may exercise their seniority

rights in the same manner.

(b) Employees exercising seniority rights will be allowed 30 working days in which to

qualify, except when it is plainly seen within less than 30 working days that they cannot

qualify, they will be disqualified. Such employees disqualified will exercise seniority rights as

provided in Rule 13. In the event an employee is disqualified on a position onto which he

displaces, the prior incumbent shall return to it and all other employees affected shall return to

their prior position except where position is abolished or occupied by a senior employee who

secured it as the result of a separate transaction that employee will exercise seniority rights as

provided in Rule 13.

(c) Employees failing to exercise seniority rights as provided in sections (a) and (b) of

this Rule 11 within the time limit specified herein forfeit all seniority rights unless prevented

on account of personal illness or other unavoidable cause.

(d) Employees will be given full cooperation of department heads and others in their

efforts to qualify.

(e) As to the intent of the parties, see Addendum 9.

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RULE 12 - FILING APPLICATIONS ON OTHER SENIORITY DISTRICTS AND

RIGHTS OF EMPLOYEES ASSIGNED. (Revised effective January 1, 1991 by Letter

Agreement dated November 15, 1990).

(a) Employees making application for positions bulletined on other seniority districts

will, if they possess sufficient fitness and ability, be given preference on a seniority basis over

non-employees or employees not covered by these rules to any vacancy not filled by an

employee holding seniority in the district where the vacancy occurs.

(b) Employees transferring under this Rule will carry with them all seniority to the new

seniority district, and their name and date will be dovetailed onto the roster. Seniority

established in the former seniority district will be forfeited and the employee’s name removed

from the former seniority district rosters.

(c) Employees desiring to transfer under this rule will do so in writing to the

Company official responsible for the assignment of the employees in the seniority district to

which a transfer is desired, with a copy to the employee’s immediate supervisor and to the

officer issuing the seniority roster on which the employee’s name appears. A brief resume of

the service record must be prepared by the employee and accompany the request, such

resume to be prepared on a form supplied by the Company. An employee will be permitted

to make a request for a specific vacancy, that may occur in the seniority district to which

transfer is desired. Those employees filing an application for transfer, prior to the time a

vacancy is bulletined, shall be given preference over those who file for a transfer during or

after the vacancy is bulletined. Where an employee has made a specific or general request

for a vacancy, such request shall expire on the following December 31st, or upon the

employee’s failure to accept a position as the senior qualified applicant. Written notification

must be extended to the applicant within five (5) calendar days of the close of the bulletin

period; and acceptance or rejection shall be signified in writing within five (5) calendar days

from the date of notification. An employee whose request for transfer has expired may renew

same at any time.

(d) The provisions of Rule 11 of the current working agreement shall be applicable to an

employee transferring from one seniority district to another.

(e) An employee transferring under this rule, if relieved by the return of the absent

employee, will be required to exercise his seniority, subject to the provisions of Rule 9 on any

position bulletined in the district to which transferred while occupying the vacancy. In the event

he is unable to retain a position in the district to which transferred in this manner, he may then

return to his former seniority district and be governed by the provisions of paragraph (a) and (b)

of Rule 41.

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RULE 13 - REDUCING FORCES

(a) In reducing forces, seniority rights shall govern. Except as otherwise provided in

paragraph (c) of this rule, at least five (5) working days' advance notice shall be given employees

affected in reduction of forces or in abolishing positions. A copy of such notice shall also be

posted on bulletin boards in affected seniority districts. Employees whose positions are

abolished must exercise their seniority rights within seven (7) calendar days; other employees

affected must exercise their seniority rights in the same manner. Employees who do not possess

sufficient seniority to displace a regular position shall be considered extra and governed by the

provisions of Rule 15.

NOTE 1: Employees protected under the Job Protection Agreement of February 7, 1965,

as amended, shall not be required to displace on a position which requires a change of

residence except as provided for in such memorandum agreement. See Addendum 7.

NOTE 2: An employee shall not be considered as displaced until such time that the

displacing employee actually performs service on the position on which he is displacing;

however, it is agreed that the parties will cooperate to minimize loss of compensation to

the affected employees in effecting actual displacement.

(b) When abolishing positions, except as provided in paragraph (c), the lowest rated

position in the office or department shall be abolished, provided the efficiency of that office or

department would not be impaired by doing so. The remaining duties of the abolished position

will be assigned to employees subject to this agreement and in accordance with Rule 29. When

the duties of a position are no longer performed in any manner, that position may be abolished.

(c) Rules, agreements or practices, however established, that require advance notice to

employees before abolishing positions or making force reductions are hereby modified to eliminate

any requirement for such notices under emergency conditions, such as flood, snow storm, hurricane,

tornado, earthquake, fire or labor dispute other than as covered by the second paragraph of this section

(c), provided that such conditions result in suspension of a company's operations in whole or in part.

It is understood and agreed that such force reductions will be confined solely to those work locations

directly affected by any suspension of operations. It is further understood and agreed that

notwithstanding the foregoing, any employee who is affected by an emergency force reduction and

reports for work for his position without having been previously notified not to report, shall receive

four hours' pay at the applicable rate for his position. If an employee works any portion of the day he

will be paid in accordance with existing rules.

Rules, agreements or practices, however established, that require advance notice before

positions are abolished or forces are reduced are hereby modified so as not to require advance

notice where a suspension of a company's operations in whole or in part is due to a labor dispute

between company and any of its employees.

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(d) Where the duties of a position are to be transferred from its former method of

handling to machines, it will be handled by negotiation between the parties to this agreement as

to rates, abolishments, etc.

(e) If a position abolished under this rule is restored, its former rate of pay will be

applicable, with general wage adjustments applied to bring its rate up to date.

(f) Employees furloughed must file their address in duplicate with the proper officer (the

officer authorized to bulletin and awarded positions) at time of furlough (within seven (7) calendar

days) and advise promptly of any change in address. Employees failing to file their address or give

satisfactory reason for not doing so will forfeit seniority.

(g) When recalled to service, furloughed employees will be notified by mail or telegram sent to

the last address given. Such employees failing to return to service within seven (7) calendar days after

being notified by mail or telegram or give satisfactory reason for not doing so will forfeit seniority.

RULE 13½ - ELECTIVE SENIORITY

(a) In the event an employee is unable to secure a position in his present seniority district

within thirty (30) miles of his protective headquarters point, he may within seven (7) calendar

days elect to exercise seniority over a junior employee in another seniority district provided the

position is within thirty (30) miles of his protective headquarters point.

An employee transferring under the Section (a) will establish the same seniority date in

the seniority district to which transferred that he held in his former district and will continue to

retain and accrue seniority in his former district.

(b) In the event an employee is unable, through an exercise of seniority, to obtain a

position in his present district and would thereby become furloughed, he may elect to exercise

seniority over a junior employee in any other seniority district.

He will establish the same seniority date in such seniority district as he holds in his

former district and will continue to retain and accrue seniority in his home seniority district.

(c) In the event an employee working in an elective district under this rule is unable to retain a

position in the elective district or former district, due to reduction in forces or displacement by a senior

employee, he may exercise seniority on another position in any other seniority district in accordance

with paragraph (b), forfeiting his seniority in the previous elective district but continuing to retain and

accrue seniority in his home district.

(d) An employee who leaves his home seniority district in accordance with paragraphs (a), (b)

and (c) above, exhausts his seniority in the elective district and returns to his home seniority district shall

retain and continue to accrue seniority in the elective district. However, he must return to the elective

district at the first opportunity to secure a bulletined position, or forfeit all seniority in that district.

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(e) Except as provided in paragraph (a), the time limits for exercising seniority, as

provided for in this rule, shall be thirty (30) days for the date the position was abolished or the

employee became displaced or was removed from the payroll.

RULE 14 - MARKING OFF AND RETURN

Employees marking off for less than thirty (30) days must notify Company of their intent

to return to work at least three (3) hours prior to their starting time, except employees assigned to

positions at outlying points must notify the Company at least two (2) hours before end of their

assignment of their intent to return to work the following workday.

RULE 15 - EXTRA LISTS, FILLING VACANCIES AND PERFORMING EXTRA WORK

(revised 03/2/99)

(a) Separate extra lists may be established and maintained to protect extra assignments

and vacancies, in the districts covered by the respective extra list.

(b) The Company shall have the right to designate the number of positions on each extra list.

(c) The work week for extra board employees will extend from Saturday through Friday.

Such employees will be worked on a seniority basis. Sixteen (16) hours' rest will be required

between shifts, except the extra employee with the longest rest will be used if none available with

sixteen hours' rest. The pay rating of extra employees will be the pro rata of the position on

which relieving or assisting, except time and one-half rate will apply for the portion of a shift

within sixteen (16) hours of previous service and for all time beyond forty (40) hours in the work

week beginning with Saturday

(d) Extra board employees are subject to call at any time and must respond to all calls.

Employees marking off and/or missing a call will not be considered available to perform service

for twenty-four (24) hours.

(e) When Company elects to fill vacancies of less than thirty (30) calendar days' duration,

employees assigned to extra boards will have preferential rights to the extent of five (5) shifts

within the work week beginning with Saturday. Such employees may also be used to assist

occupants of positions covered by the agreement or on extra work.

(f) Calling of extra board employees will start at least two (2) hours prior to the time they are

required to report for service, except in cases of layoff on short notice. This does not prohibit the parties

from agreeing to more advantageous calling times. When two or more vacancies exist with the same

starting time, the senior qualified employee will be given a choice of positions to be filled. When there

are no extra board employees available because of qualifications, an extra board employee may be

transferred from one vacancy to another in order to provide a vacancy for which another extra employee

is qualified. The transferred employee will not suffer loss of compensation, exclusive of overtime.

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(g) This rule contemplates that an employee assigned to a temporary vacancy will take the

terms and conditions of the position to which assigned. He will remain thereon for the expected duration

except that he shall be released after completing five (5) shifts in his work week beginning with Saturday.

An extra employee relieving a position is relieved from such position at the end of tour of duty the day

immediately preceding the rest days and will not observe rest days of the position when it is definitely

known the regular incumbent will return on the first work day following the rest days.

(h) The Company will maintain a list of employees to be used to fill vacancies or

perform extra work at the overtime rate when there are no extra employees available to perform

the work. An employee who desires to perform such service shall notify the proper Company

officer in writing listing positions for which he is qualified. Employees requesting such work will

be obligated to respond when called. Employees who have completed sixteen (16) hours of

continuous service, those who cannot protect their regularly assigned positions if called in

advance thereof, and employees who cannot fulfill the full eight (8) hours of their assigned

positions, do not stand to be used under this rule. Failure to respond when called may result in

removal of the employee’s name from such lists for up to thirty (30) days unless satisfactory

reason is given to the supervisor.

Such work shall be performed by those on the overtime list in seniority order.

In the event that the overtime works remains unfilled, the junior qualified available

employee on the seniority roster shall be required to protect the work.

As a last resort, the junior qualified employee on the seniority shall be required to protect

the vacancy. If the hours of assignment to which transferred are not the same as his regular

assignment, an employee transferred under this rule shall be paid at the straight-time rate for the

hours which are part of his regular assignment, and at the overtime rate for the hours outside of

his regular assignment.

RULE 16 – BASIC DAY

(a) Eight (8) consecutive hours or less, exclusive of the meal period, shall constitute a

day’s work, for which a minimum of eight hours pay will be allowed, except as provided in Rule

19 – NOTIFIED OR CALLED, and Rule 25 – REPORTING AND NOT USED.

(b) DEFINITION OF A DAY: A day means within twenty-four (24) hours of the

starting time of a position.

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RULE 17 – WORK WEEK

NOTE: The expressions “positions” and “work” used in this Rule refer to service,

duties, or operations necessary to be performed the specified number of days per

week, and not to the work week of individual employees.

(a) GENERAL: The work week for all employees subject to this agreement will be 40

hours, consisting of five days of 8 hours each, with two consecutive days off in each seven; the

work weeks may be staggered in accordance with the company’s operational requirements; so far

as practicable the days off shall be Saturday and Sunday. This rule is subject to the following

provisions:

(b) FIVE-DAY POSITIONS: On positions the duties of which can reasonably be met in

five days, the days off will be Saturday and Sunday.

(c) SIX-DAY POSITIONS: Where the nature of the work is such that employees will be

needed six days each week, the rest days will be either Saturday and Sunday or Sunday and Monday.

(d) SEVEN-DAY POSITIONS: On positions which have been filled seven days per week,

any two consecutive days may be the rest days with the presumption in favor of Saturday and Sunday.

(e) REGULAR RELIEF ASSIGNMENTS: All possible regular relief assignments with five

days of work and two consecutive rest days will be established to do the work necessary on rest days

of assignments in six- or seven-day service or combinations thereof, or to perform relief work on

certain days and such types of other work on other days as may be assigned under this agreement.

Assignments for regular relief positions may on different days include different starting times,

duties and work locations for employees in the same seniority district, provided they take the starting

time, duties and work locations of the employee or employees whom they are relieving.

Relief positions established under the provisions of this rule will be advertised in the

seniority district concerned. Bulletin will specify the day he will relieve each one of the jobs and

name his assigned rest days.

The assigned relief employee will be paid straight-time rate on each position worked.

The assignment to be set up so that the employee assigned thereto will not be assigned to work

more than eight (8) hours in any twenty-four (24) hour period, except by agreement between the

Director of Labor Relations and the General Chairman.

NOTE: Any assignment contrary to the foregoing which is in effect as of the

effective date of this agreement may remain in effect.

If there are four days of relief work to be regularly performed, a relief employee’s

position will be bulletined and awarded to a qualified employee for the purpose of relieving on

those four days and such employee being guaranteed five days per week under rule 18 will be

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used on additional day in assisting wherever needed in other positions on additional work, such

as a peak day, but not in the displacement of a regularly assigned employee. For the additional

day, he will be paid the average rate he received for relieving the four positions and his starting

time and meal period shall be the same each week.

Where there are three or less days of relief work to be performed each week, such will not

be bulletined but will be filled as provided in Rule 15.

(f) DEVIATION FROM MONDAY – FRIDAY WEEK: If, in positions or work

extending over a period of five days per week, an operational problem arises which the company

contents cannot be met under the provisions of Section (b) of this rule, above, and requires that

some of such employees work Tuesday to Saturday instead of Monday to Friday, and the

employees content the contrary, and if the parties fail to agree thereon, then if the Company

nevertheless puts such assignments into effect, the dispute may be processed as a grievance or

claim under this agreement.

(g) NONCONSECUTIVE REST DAYS: The typical work week is to be one with two

consecutive days off, and it is the Company’s obligation to grant this. Therefore, when an operating

problem is met which may affect the consecutiveness of the rest days of positions or assignments

covered by Sections ©, (d) and (e) of this Rule 17, the following procedure shall be used:

1. All possible regular relief positions shall be established pursuant to Section (e) above.

2. Possible use of rest days other than Saturday and Sunday, by agreement or in accordance

with other provisions of this agreement.

3. Efforts will be made by the parties to agree on the accumulation of rest time and the

granting of longer consecutive rest periods.

4. Other suitable or practicable plans which may be suggested by either of the parties shall be

considered and efforts made to come to an agreement thereon.

5. If the foregoing does not solve the problem, then some of the relief or extra men may be

given non-consecutive rest days.

6. If, after all the foregoing has been done, there still remains service which can only be

performed by requiring employees to work in excess of five days per week, the number of

regular assignments necessary to avoid this may be made with two non-consecutive days off.

7. The least desirable solution of the problem would be to work some regular employees on the

sixth and seventh days at overtime rates and thus withhold work from additional relief men.

8. If the parties signatory to this agreement are in disagreement over the necessity of splitting the

rest days on any such assignments, the Company may nevertheless put the assignments into

effect subject to the right of employees to process the dispute as a grievance or claim under

this agreement, and in such proceedings the burden will be on the Company to prove that its

operational requirements would be impaired if it did not split the rest days in question and that

this could be avoided only by working certain employees in excess of five (5) days per week.

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(h) BEGINNING OF WORK WEEK: The term “work week” for regularly assigned employees

shall mean a week beginning on the first day on which the assignment is bulletined to work.

RULE 18 – GUARANTEE

Nothing herein shall be construed to permit the reduction of work days for regularly

assigned employees covered by this agreement below five (5) per week, except that this number

may be reduced in a week in which one of the recognized holidays specified in this agreement

occurs within the five days constituting the work week to the extent of such holiday, or as the

result of force reductions or job abolishments pursuant to Rule 13.

RULE 19 – NOTIFIED OR CALLED

Employees notified or called to perform work outside of established hours will be

allowed a minimum of four (4) hours pro rata for two (2) hours and forty minutes (40) work or

less, and if held on duty in excess of two (2) hours and forty (40) minutes time and one-half will

be allowed on the minute basis.

Employees occupying positions requiring a Sunday assignment and who are called to

work on their assigned rest day(s) shall be paid at the time and one-half rate with a minimum of

eight (8) hours.

RULE 20 – OVERTIME

(a) Except as otherwise provided, time worked or held for duty in excess of eight (8)

hours, exclusive of meal period, on any day, will be considered overtime, and paid on the actual

minute basis at time and one-half rate.

(b) For continuous service after regular working hours, employees will be paid time and

one-half on the actual minute basis. Employees shall not be required to work more than two (2)

hours’ overtime without being permitted to go to meals. Time taken for meals will not terminate

the continuous service period and will be paid for up to twenty (20) minutes.

(c) Work in excess of forty (40) straight-time hours in any work week shall be paid for at

one and one-half times the basic straight-time rate except where such work is performed by an

employee due to moving from one assignment to another or to or from an extra or furloughed

list, or where days off are being accumulated under rule 17(g).

(d) Employees worked more than five (5) days in a work week shall be paid one and one-half

times the basic straight-time rate for work on the sixth and seventh days of their work weeks, except

where such work is performed by an employee due to moving from one assignment to another or to or

from an extra or furloughed list, or where days off are being accumulated under Rule 17(g).

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(e) There shall be no overtime on overtime: neither shall overtime hours paid for, other than

hours not in excess of eight (8) paid for at over-time rates on holidays or for changing shifts, be

utilized in computing the forty (40) hours per week, nor shall time paid for in the nature of arbitraries

or special allowances, such as attending court, rules examinations, travel time, etc., be utilized for this

purpose, except when such payments apply during assigned working hours in lieu of pay for such

hours, or where such time is now included under existing rules in computations leading to overtime.

(f) Service required by an employee on his assigned rest day or days filing an assignment

which is required to be worked or paid eight hours on such day will be paid for at the overtime rate

with a minimum of eight hours.

RULE 21 – AUTHORIZING OVERTIME AND PROCEDURE FOR APPLYING

OVERTIME AND CALLS

No overtime will be worked without proper authority, except in case of emergency where

advance authority is not obtainable; otherwise, all employees shall leave at the end of their regular

assignment.

Overtime and calls will be handled in the following order of precedence:

(a) By the employee affected;

(b) By the employees affected, in seniority order, with due regard to Rule 10 (if more

employees needed);

(c) By the roster affected, in seniority order, with due regard to Rule 10 (if more

employees needed).

RULE 22 – ABSORBING OVERTIME (revised 3/25/99)

Employees will not be required to suspend work during the regular hours to absorb overtime.

NOTE: Under the provisions of this rule, an employee may not be requested to

suspend work and pay during his tour of duty to absorb overtime previously earned or

in anticipation of overtime to be earned by him. It is not intended that an employee

cross craft lines to assist another employee. It is the intention, however, that an

employee may be used to assist another employee during his tour of duty in the same

office or location where he works and in the same seniority district without penalty.

An employee assisting another employee on a position paying a higher rate for more than

four (4) hours will receive the higher rate for the entire shift, and will otherwise be

compensated at his regular rate. An employee assisting another employee on a position

paying a lower rate will not have his rate reduced.

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Subsequent National Agreements have modified this rule to the effect the

higher rate is not applicable when forces are rearranged to keep up the work of

an employee who is absent due to sick leave, personal leave, bereavement

leave or compassionate leave.

RULE 23 – CHANGING ASSIGNED STARTING TIME & REST DAYS (revised 3/25/99)

(a) All regular assignments shall have fixed starting times which shall not shall not be

changed without at least 36 hours’ notice to the employees affected and the Local Chairman.

(b) When the established starting time of a regular position is changed more than one (1)

hour for more than five (5) consecutive days, or when the total difference in starting time has

been changed more than two (2) hours, by small changes over a twelve (12) month period, the

employees affected may within seven (7) calendar days thereafter, upon twenty-four (24) hours’

advance notice, exercise their seniority rights to any position held by a junior employee. Other

employees affected may exercise their seniority in the same manner.

When the established starting time of any shift of a regularly established relief position is

changed more than one (1) hour, or when the total difference in starting time has been changed

more than two (s) hours, by small changes over a twelve (12) month period, employees affected

may exercise seniority rights as outlined in preceding paragraph. Starting time of regularly

established relief assignments will be the same as that of the position relieved.

(c) When the starting time of a position is changed as much as four (4) hours, or when the

total difference in starting time has been changed as much as four (4) hours, by small changes over a

twelve (12) month period, it shall be bulletined under the terms of Rule 9. The incumbent may remain

on the position until it is assigned, or he may exercise his seniority rights as outlines in paragraph ©.

(d) Changing starting time of an entire office or department, by mutual agreement between

the official in charge and the local Chairman, or changes because of Daylight Savings Time, or

changes in zones of Standard Time, do not provide displacement rights as named in this rule.

(e) As a result of the “Uniform Time Act of 1966”, which requires that clocks will be

advanced by one hour at 2:00 a.m., on the last Sunday of April and turned back one hour on the

last Sunday in October, individual employees who are employed on the third shift at the time of

the changes shall be compensated as follows:

1. Those employees working on the third shift who benefit by the clock change in April

by receiving eight (8) hours’ compensation for seven (7) hours’ work and who are

also working the third shift in October when the clock is changed will receive eight

(8) hours’ compensation for the necessary nine (9) hours’ work.

2. Those employees who do not benefit by the clock change in April but who are working

the third shift when the clock is changed in October will be compensated for time

required to work in excess of eight (8) hours at the time and one-half rate of pay.

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(f) Regularly assigned rest days shall not be changed without at least three (3) days’

notice on standard form posted on bulletin boards with copy to the employee affected and to the

Local Chairman.

(g) When assigned rest days are changed, the employee affected may within seven (7)

calendar days thereafter and upon twenty-four (24) hours’ advance notice to proper officer with

copy to the Local Chairman exercise displacement rights. No reduction in weekly guarantee

shall be made by reason of such changes nor shall punitive pay apply when the change

necessitates more than five (5) consecutive days’ work in the work week.

RULE 24 – MEAL PERIOD

(a) Except on relief assignments, the meal period, to be fixed by the officer in charge,

shall be definite and the same for all days of the assignment, and shall not be longer than one

hour, to be taken between the beginning of the fourth and end of the sixth hour after starting

work, and shall be shown on all advertisements for bids. Except as named in (b) and (c) of this

Rule 24, no meal period will be assigned between Midnight and 6:00 A.M.

The Company and the General Chairman may make exceptions to this rule in order to

meet requirements of the service.

(b) Employees required to work overtime two (2) hours or more continuous with regular

assignment shall be allowed a second meal period not to exceed twenty (20) minutes, without

deduction in pay, before the beginning of the seventh hour after the end of the first meal period.

(c) For regular operations requiring continuous hours, eight (8) consecutive hours

without meal period shall be assigned as constituting a day’s work, in which case not less than

twenty (20) minutes shall be allowed in which to eat, without deduction in pay, between the

beginning of the fourth hour and the end of the sixth hour after starting work.

(d) If the meal period, or any part thereof, is not afforded within the assigned period and

is worked, the meal period shall be paid for at the overtime rate and twenty (20) minutes with pay

in which to eat shall be afforded before the beginning of the seventh hour after starting work.

(e) Meal period for relief assignments will be the meal period of the position relieved.

RULE 25 – REPORTING AND NOT USED

(a) Rules, agreements or practices, however established, that required advance notice

to employees before abolishing positions or making force reductions are hereby modified to

eliminate any requirement for such notices under emergency conditions, such as flood, snow

storm, hurricane, tornado, earthquake, fire or labor dispute other than as covered by

paragraph (b) below, provided that such conditions result in suspension of a company’s

operations in whole or in part. It is understood and agreed that such force reductions will be

- 48 -

confined solely to those work locations directly affected by any suspension of operations. It

is further understood and agreed that notwithstanding the foregoing, any employee who is

affected by an emergency force reduction and reports for work for his position without

having been previously notified not to report, shall receive four hours’ pay at the applicable

rate for his position. If an employee works any portion of the day he will be paid in

accordance with existing rules.

(b) Rules, agreements or practices, however established, that require advance notice

before positions are abolished or forces are reduced are hereby modified so as not to require

advance notice where a suspension of a company’s operations in whole or in part is due to a

labor dispute between said company and any of its employees.

RULE 26 – HOLIDAY RULE [Current List of Holidays as Revised January 27, 1993]

Section 1

Subject to the qualifying requirements contained in paragraph (d) hereof and to the

conditions hereinafter provided, each hourly and daily – rated employee shall receive eight (8)

hours’ pay at the pro rata hourly rate for each of the following enumerated holidays:

New Year’s Day Thanksgiving Day

President’s Day Day after Thanksgiving

Good Friday Christmas Eve

Memorial Day Christmas Day

Independence Day (July 4th

) New Year’s Eve

Labor Day

Work performed on these legal holidays shall be paid for at the rate of time and one-half.

NOTE: This rule does not disturb agreements or practices now in effect under

which any other day is substituted or observed in place of any of the above

enumerated holidays.

(a) Holiday pay for regularly assigned employees shall be at the pro rata rate of the

position to which assigned.

(b) For other than regularly assigned employees, if the holiday falls on a day on which he

would otherwise be assigned to work, if consistent with the requirements of the service, he

shall be given the day off and receive eight (8) hours’ pay at the pro rata rate of the position

which he otherwise would have worked. If the holiday falls on a day other than a day on

which he otherwise would have worked, he shall receive eight (8) hours’ pay a the pro rata

hourly rate of the position on which compensation last accrued to him prior to the holiday.

(c) Subject to the applicable qualifying requirements in paragraph (d) hereof, other

than regularly assigned employees shall be eligible for the paid holidays or pay in lieu thereof

provided for in paragraph (b) above, if:

- 49 -

1. Compensation for service paid him by the Company is credited to eleven (11) or

more of the thirty (30) calendar days immediately preceding the holiday.

2. He has had a seniority date for at least sixty (60) calendar days or has sixty (60)

calendar days of continuous active service preceding the holiday beginning with

the first day of compensated service. This is contingent upon employment not

being terminated prior to the holiday by resignation, for cause, retirement, death,

non-compliance with a union shop agreement, or disapproval of application for

employment.

(d) A regularly assigned employee shall qualify for the holiday pay provided in Section 1 hereof,

if compensation paid him by the Company is credited to the work day immediately preceding and

following such holiday or if the employee is not assigned to work but is available for service on such

days. If the holiday falls on the last day of a regularly assigned employee’s work week, the first work day

following his rest days shall be considered the work day immediately following. If the holiday falls on

the first work day of his work week, the last work day of the preceding work week shall be considered

the work day immediately preceding the holiday.

Except as provided in the following paragraph, all others for whom holiday pay is

provided herein shall qualify for such holiday pay if, on the day preceding and the day

following the holiday, they satisfy one or the other of the following conditions.:

(i) Compensation for service paid by the Company is credited; or

(ii) Such employee is available for service.

NOTE: “Available” as used in subsection (ii) above is interpreted by the parties to mean that an

employee is available for service unless he lays off of his own accord or does not respond to a call,

pursuant to the rules of the applicable agreement.

For the purpose of Section 1 of this Rule 25, other than regularly assigned employees who are

relieving regularly assigned employees on the same assignment, on both the work day preceding and the

work day following the holiday, will have the work week of the incumbent of the assigned position and

will be subject to the same qualifying requirements, respecting service and availability on the work days

preceding and following the holiday, which apply to the employee whom he is relieving.

Compensation paid under Rules 44 & 45 and 46 & 47 will not be considered as

compensation for purposes of this rule.

(e) When any of the ten (10) recognized holidays enumerated in this rule, or any day which by

agreement or by law or proclamation of the State or Nation has been substituted or is observed in place

of any of such holidays, falls during an hourly or daily-rated employee’s vacation period, he shall receive,

in addition to his vacation compensation, the holiday pay provided for therein if he meets the

qualification requirements specified. The “work days” and “days” immediately preceding and following

the vacation period shall be considered the “work days” and “days” preceding and following the holiday

for such qualification purposes.

- 50 -

Section 2

(a) Existing rules and practices governing whether an employee works on a holiday and

governing payment for work performed on a holiday are not changed hereby, except that under no

circumstances will an employee be allowed more than one time and one-half payment for service

performed by him on a holiday which also is a work day, a rest day, and/or a vacation day.

(b) Under the provisions of paragraph (a) of this Section 2, if it becomes necessary to

perform work on an assignment on one of the holidays specified in this Rule 26, the incumbent

of the position shall be given preference to such work as outlined in Addendum 3-B.

NOTE: Sections 1 and 2 of this Rule 26 are synopses of the applicable Holiday

Rules and it is agreed that the National Agreements and the interpretations

thereof, to which the Company and Organization are parties, remain in effect and

will continue to apply.

RULE 27 – ESTABLISHED RATES (revised 03/25/99)

(a) Rates of pay now in effect and established pursuant to agreements between the parties

hereto shall continue in effect until changed as provided in existing wage agreements, by mutual

agreement between parties signatory hereto or in accordance with the provisions of the Railway

Labor Act, as amended.

(b) Intermodal Service Representatives (ISRs) entering the service and establishing

seniority on or after the date of this agreement will be compensated at the established rate of the

position to which they are assigned or are filling, except that during the first six (6) calendar

months of continuous service they will receive 90% of the established rate. Intermodal Service

Workers (ISWs) entering the service and establishing seniority on or after the date of this

agreement will be compensated at the established rate of the position to which they are assigned,

without application of rate progression provisions.

RULE 28 – CHANGE OF TITLE AND RATE OF POSITIONS

The changing of a rate of a specified position for any reason shall constitute a new

position, except when changes result from negotiations of a general character, and in cases where

the Director of Labor Relations and the General Chairman agree otherwise.

RULE 29 – PRESERVATION OF RATES

Employees temporarily or permanently assigned to higher-rated positions shall receive the

higher rates for the entire day. Employees temporarily assigned to lower-rated positions shall not

have their rates reduced.

A temporary assignment under the above paragraph contemplated the fulfillment of the duties

and responsibilities of the position during the time occupied, whether the regular occupant is absent or

the work is done by the temporary man irrespective of his presence. Assisting a higher-rated

employee during a temporary increase in the volume of the work does not come under this rule.

- 51 -

NOTE: National Agreements have modified this rule to the effect the higher rate is not applicable

when forces are rearranged to keep up the work of an employee who is absent due to sick leave,

personal leave, bereavement leave or compassionate leave.

RULE 30 – MAINTENANCE OF EARNINGS

When there is sufficient increase or decrease in the duties and responsibilities of a position or change in

the character of service required, the compensation for that position will be subject to adjustment by

negotiation with the General Chairman, but established positions will not be discontinued and new ones

created under the same or different titles covering relatively the same class or grade of work, which will

have the effect of reducing the rate of pay or evading the application of these rules.

RULES 31 – RATING POSITIONS

(a) Positions, not employees, shall be rated, and the transfer of rates from one position to

another shall not be permitted. The trading of positions will not be allowed.

(b) The wages for new positions shall be in conformity with the wages of positions of a

similar kind or class in the seniority district where created. If there is no comparable position in

the same district, then a similar position on some contiguous district will be applicable.

(c) If an abolished position is restored, the former pay rate will be applicable with general

wage changes applied to bring the rate up to date.

RULE 32 – CHANGING DUTIES

(a) When the duties of any position are so changed that the occupant cannot satisfactorily

perform them, he shall upon agreement between the Management and the General Chairman be

permitted to exercise his seniority right to a position held by a junior employee. This rule may be invoked

when an employee’s physical condition becomes such that he can no longer perform his regular duties.

(b) When the duties of a position are changed which require that position to be covered by the

Hours of Service Act, the employee affected may within seven (7) calendar days thereafter and upon

twenty-four (24) hours’ advance notice proper officer with copy to the Local Chairman, exercise

displacement rights.

RIGHT 33 – ATTENDING COURT, HEARINGS AND EMPLOYEE INVESTIGATIONS

(a) Employees taken away from their regular assigned duties at the request of Management to

attend court or appear as witnesses for the Company will be allowed compensation equal to what would

have been earned had such interruption not taken place. When requested to make such attendance for the

company outside of assigned hours, they shall be paid under provisions of the first paragraph of Rule 19,

except they shall be paid a minimum of one day’s pay at pro rata rate for rest days.

- 52 -

(b) Employees taken away from their regular assigned duties at the request of

Management to attend employee investigations as witnesses for the Company will be allowed

compensation equal to what would have been earned had such interruption not taken place.

When requested to make such attendance for the Company outside of assigned hours, including

rest days, they shall be paid under the first paragraph of Rule 19.

(c) Extra or furloughed employees will be allowed a day’s pay for each day used as

witnesses with a minimum of one day under provisions of Rule 15.

(d) When requested to make such attendance for the Company away from headquarters,

transportation will be furnished and actual necessary expenses will be allowed. If an employee

has an automobile he is willing to use and Company authorizes him to use said automobile, he

will be paid the mileage allowance and travel time outlines in Rule 42, except travel time will not

be allowed for travel within assigned hours.

(e) In the event an employee is held away from home station on rest days or holidays, he

will be allowed a minimum of one day’s pay at pro rata rate for each day so held and, in addition,

actual necessary expenses.

RULE 34 – JURY DUTY

When a regularly assigned employee is summoned for jury duty and is required to lose

time from his assignment as a result thereof, he shall be paid for actual time lost with a maximum

of a basic day’s pay of the straight – time rate of his position for each day lost less the amount

allowed him for jury service for each such day, excepting allowances paid by the court for meals,

lodging or transportation, subject to the following qualification requirements and limitations:

1. An employee must exercise any right to secure exemption from the summons

and/or jury service under federal, state or municipal statute and will be excused

from duty when necessary without loss of pay to apply for the exemption.

2. An employee must furnish the company with a statement from the court of jury

allowances paid and the days on which jury duty was performed.

3. The number of days for which jury duty pay shall be paid is limited to a maximum

of 60 days in any calendar year.

4. No jury duty pay will be allowed for any day as to which the employee is entitled to

vacation or holiday pay.

5. When an employee is excused from company service account of jury duty, the

company shall have the option of determining whether or not the employee’s regular

position shall be blanked, notwithstanding the provisions of any other rules.

- 53 -

RULE 35 – ATTENDING RULES CLASSES

Clerical employees required to attend rules examinations will be compensated for time

lost from assignment. If no time lost, they will be paid for the actual time held, with a minimum

of three (3) hours at pro rata rate of the position to which assigned.

RULE 36 – TIME-LIMIT

(a) All claims or grievances must be presented in writing by or on behalf of the employee

involved, to the officer of the Company authorized to receive same, within sixty (60) days from

the date of the occurrence on which the claim or grievance is based. Should any such claim or

grievance be disallowed, the Company shall, within sixty (60) days from the date same is filed,

notify whoever filed the claim or grievance (the employee or his representative) in writing of the

reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as

presented, but this shall not be considered as a precedent or waiver of the contentions of the

Company as to other similar claims or grievances.

(b) If a disallowed claim or grievance is to be appealed, such appeal must be in writing

and must be taken within sixty (60) days from receipt of notice of disallowance, and the

representative of the Company shall be notified in writing within that time of the rejection of his

decision. Failing to comply with this provision, the matter shall be considered closed, but this

shall not be considered as a precedent or waiver of the contentions of the employees as to other

similar claims or grievances. It is understood, however, that the parties may, by agreement, at

any stage of the handling of a claim or grievance on the property, extend the 60-day period for

either a decision or appeal, up to and including the highest officer of the company designated for

that purpose.

(c) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the

employee and decision by the Company, shall govern in appeals taken to each succeeding officer,

except in cases of appeal from the decision of the highest officer designated by the Company to

handle such disputes. All claims or grievances involved in a decision by the highest designated

officer shall be barred unless within nine months from the date of said officer’s decision

proceedings are instituted by the employee or his duly authorized representative before the

appropriate division of the National Railroad Adjustment Board or a system, group or regional

Board of Adjustment that has been agreed to by the parties hereto as provided in Section 3,

Second, of the Railway Labor Act. It is understood, however, that the parties may by agreement

in any particular case extend the nine months’ period herein referred to.

(d) A claim may be filed at any time for an alleged continuing violation of any agreement

and all rights of the claimant or claimants involved thereby shall, under this rule, be fully

protected by the filing of one claim or grievance based thereon as long as such alleged violation,

if found to be such, continues. However, no monetary claim shall be allowed retroactively for

more than 60 days prior to the filing thereof. With respect to claims and grievances involving an

employee held out of service in discipline cases, the original notice of request for reinstatement

with pay for time lost shall be sufficient.

- 54 -

This rule recognizes the right of representatives of the organization, party hereto, to file

and prosecute claims and grievances for and on behalf of the employees they represent.

This agreement is not intended to deny the right of the employees to use any other lawful

action for the settlement of claims or grievances, provided such action is instituted within nine

months of the date of the decision of the highest designated officer of the Company.

The foregoing parts of this rule shall not apply to requests for leniency.

RULE 37 – INVESTIGATIONS

(a) Employees who have been in service more than sixty (60) days will not be demerited,

disciplined, or discharged without a fair and impartial investigation. Employees may be held out

of service pending such investigation. The employee charged shall be duly appraised in writing

within ten (10) days after knowledge of the occurrence of the charge that is brought against him,

and within ten (10) days after such notification, the employee shall be given a fair and impartial

investigation by the proper officer of the Company, at which time all evidence in the case shall

be submitted.

(b) When practicable, investigations shall be held at home terminal of the employee

involved and at such time as not to cause the employee to lose rest or time. Employees shall

have reasonable opportunity to secure the presence of representatives and/or necessary witnesses.

The employee charged will be permitted to attend the investigation, hear all evidence submitted,

and be represented by his duly accredited representatives.

(c) A proper and full transcript of the investigation will be made and authenticated by

both parties and made the basis for any discipline that may be administered.

(d) An employee has the right to waive an investigation if he notifies Company, in

writing, that he accepts his responsibility for the charges against him; however, an investigation

will be held in all cases which might result in dismissal.

(e) Within thirty (30) days after close of the investigation, the proper Company officer

shall render a decision and advise the employee charged, in writing, of the penalty imposed. A

copy of the transcript of the investigation shall be furnished to the employee and his

representative in the event discipline is assessed.

(f) An employee charged who is exonerated will be paid full wages for any time he may

have lost as a result of the investigation.

- 55 -

RULE 38 – DECISIONS AND APPEALS OF DISCIPLINE

(a) An employee dissatisfied with the decision may exercise the right of appeal through

the proper officers in accordance with provisions of Rule 36.

(b) If the final decision decrees that charges against the employee are not sustained, the

record shall be cleared of the charge. If suspended or dismissed, the employee shall be reinstated

and paid for all time lost, less any amounts which he may have earned.

(c) If an employee is suspended, the suspension shall date from the time he was held out

of service.

RULE 39 – UNJUST TREATMENT

An employee who considers himself unjustly treated, otherwise than covered by these

rules, shall have the same right of investigation, hearing, appeal, and representation as provided

in Rule 37, if written request which sets forth the employee’s complaint is made to his immediate

superior within fifteen (15) days of cause of complaint.

RULE 40 – LEAVE OF ABSENCE

(a) An employee desiring a leave of absence for sixty (60) days or less must request leave

from his employing officer in writing, stating reasons for such request, and reply to his request

must be in writing. Such leave due to sickness of the employee or his immediate family may be

extended upon written request prior to expiration.

Except as provided above, leave of absence in excess of sixty (60) days in any calendar

year shall not be granted except by agreement between the General Chairman and the Director of

Labor Relations.

(b) An employee absent on leave or off account sickness or injury who engages in other

employment will forfeit his seniority unless special arrangements shall have been made with the

General Chairman and the Director of Labor Relations.

(c) Notice covering each leave of absence in excess of 29 calendar days, stating duration

and if permission to engage in outside employment has been granted, will be posted on bulletin

boards with copy to the employee and the Local Chairman. Bulletins shall be on standard form

as provided in Addendum 11-B.

(d) Employees elected as salaried officer of their Brotherhood, or employees employed

exclusively by the organization, or securing positions with any agency, board, or commission

established pursuant to Federal or State Statute, dealing with railroads, or with agencies and

associations established by railroads on regional or national basis, shall be considered on leave of

absence while so engaged, with the right to exercise their seniority, as provided in Rule 41 within

thirty (30) days after release from such employment.

- 56 -

(e) Other duly accredited representatives of the employees will be granted necessary

leave of absence for investigation, consideration and adjustment of grievances, or to attend

meetings of employees.

RULE 41 – RETURN FROM LEAVE OF ABSENCE

(a) Employees on leave of absence of thirty (30) days or more may return to service upon

five (5) calendar days’ advance written notice to the proper official. Such employee or those

affected thereby may return to his former position or may, within three (3) working days

thereafter, exercise his seniority rights as provided in rule 8 to any position bulletined during his

absence, except those position which were bulletined as the result of his leave of absence.

(b) An employee returning after leave of absence, or those affected thereby, whose former

position has been abolished or is occupied by a senior employee who secured it in the exercise of

displacement rights, shall have full displacement rights as provided for in rules 8 and 13.

(c) An employee on leave of absence who fails to report for duty or secure extension on

or before expiration of the leave shall forfeit his seniority unless reasons are given that are

mutually acceptable to the General Chairman and the Director of Labor Relations.

RULE 42 – TRAVEL TIME AND EXPENSES (revised 03/25/99)

(a) The Company shall designate a headquarters point for each regular position and

each regularly assigned relief position. No designated headquarters point may be changed more

frequently than once each sixty (60) days and only after at least fifteen (15) days' written notice to

the employee affected.

(b) Employees who are required in the course of their employment to be away from

their designated headquarters point shall be compensated for travel time between points, and the

reasonable cost of travel, meals, and lodging. When travel requires use of a personal automobile,

mileage will be reimbursed at the prevailing IRS rate for business mileage, and travel time will

be computed on the basis of two (2) minutes per mile actually traveled.

RULE 43 – [intentionally blank] (revised 03/25/99)

RULE 44 - SUPPLEMENTAL SICK BENEFITS

In compliance with Agreement T-01-92, effective February 1, 1992, employees governed by

this Agreement will be subject to the provisions of the Sick Pay Rule, as set forth in “APPENDIX C”

of said Agreement.

- 57 -

RULE 45 - COMPASSIONATE LEAVE

In the event serious illness or accident of a spouse or child, an employee will be allowed to

apply up to three (3) benefit days which he has under Rule 44 to the time he is absent due to such

illness or accident beginning with the first day of absence.

Any restrictions against blanking jobs or realigning forces will not be applicable when an

employee is absent under this provision.

RULE 46 - PERSONAL LEAVE

Personal leave days with pay will be granted to employees covered by this agreement under

and in accordance with the terms and provisions of Article IX of National Agreement signed at

Washington, D.C. on November 10, 1981.

The provisions of Article IX - Personal Leave - of the 1981 National Agreement is attached as

Addendum 5.

RULE 47 - BEREAVEMENT LEAVE

Bereavement leave, not in excess of three (3) calendar days, following the date of death will be

allowed in case of death of an employee's brother, sister, parent, child, spouse, or spouse's parent. In

such cases a minimum basic day's pay at the rate of the last service rendered will be allowed for the

number of working days lost during bereavement leave. Employees involved will make provision for

taking leave with their supervising officials in the usual manner. Any restrictions against blanking jobs

or realigning forces will not be applicable when an employee is absent under this provision.

RULE 48 - CONSOLIDATIONS

(a) The Company shall give at least thirty (30) days' advance notice when two or more

offices or departments are to be consolidated. Unless otherwise agreed, agreement will be

consummated within notice period to outline rights of employee affected.

(b) When positions are to be transferred under provisions of paragraph (a) from one

location to another location on the same seniority district, the incumbents of the positions to be

transferred will be permitted to follow their positions to the new location if they so desire.

Should they elect not to transfer to the new location, they will be permitted to exercise seniority

rights as provided in Rules 8 & 13, and the position to be transferred will be bulletined and filled

under provisions of Rule 9.

(c) When positions are to be transferred under provisions of paragraph (a) from one seniority

district to another seniority district, the incumbents of the positions to be transferred will be permitted to

follow their positions to the new district if they so desire. Seniority of employees transferred under such

circumstances shall be transferred under such circumstances shall be transferred to the new seniority

district. Should they elect not to transfer to the new district, they will be permitted to exercise seniority

rights as provided in Rules 8 & 13, and the positions to be transferred will be bulletined, first in the

- 58 -

seniority district from which to be transferred and, if necessary, in the seniority district to which the

position is transferred.

(d) Time lost in transferring at request of the Company from one station or position to

another shall be paid for at the pro rata rate of the position from which transferred, including

such time as may be lost in checking in and out, except such time as may be lost of the

employee's own accord. The employee shall also be reimbursed for actual moving expenses.

RULE 49 - TRANSPORTATION WHEN TRANSFERRED (last amended 03/25/99)

(a) Time lost in transferring from one station or position to another shall be paid for at

the rate of the position from which transferred, excepting such time as may be lost of the

employee's own accord. The word "transferring" includes transfer in the exercise of seniority and

also time lost checking in and out of positions.

When granted leave of absence, an employee will not receive pay for time consumed in

checking out when laying off or checking in when returning to service.

RULE 50 – [Intentionally Blank] (last amended 03/25/99)

RULE 51 - INCAPACITATED EMPLOYEES

Efforts will be made to furnish employment (suited to their capacity) to employees who

have become physically unable to continue in service in their present positions.

RULE 52 - POSTING NOTICES

At points or in departments where employees covered by this agreement are employed,

suitable provisions will be made for posting notices of interest to employees.

RULE 53 - BOND PREMIUMS

Employees shall not be required to pay premiums on bonds required by the company in

handling its business.

RULE 54 - MACHINES FURNISHED (revised 03/25/99)

Equipment and tools will be furnished by the Company where their use is required. When

employees are required to use an automobile or other motor vehicle in the rendition of service for

the Company such equipment shall be furnished and maintained by the Company without

expense to the employees.

RULE 55 - HEALTH AND SAFETY

The company will cooperate with employees in the reasonable protection of their health and safety.

- 59 -

RULE 56 - VACATIONS

Vacations with pay or payment in lieu thereof will be granted to employees covered by

this agreement under and in accordance with the terms and provisions of the National Vacation

Agreement of December 17, 1941, as subsequently amended.

NOTE: These agreements are reproduced, in synopsis form (Addendum No. 4),

for the convenience of employees and do not constitute an agreement nor a change

in the original agreement.

RULE 57 - UNION SHOP AGREEMENT

The Union Shop Agreement dated April 8, 1966 is applicable to the employees covered

by this Agreement and is reproduced as Addendum 6.

RULE 58 - HEALTH & WELFARE AGREEMENTS

Employees governed by this Agreement will be covered by the CSX/Sea-Land Terminals, Inc.

Health and Welfare Plan, which includes Health, Dental, and Life Insurance Plans administered by Aetna

under policy GP-372670, a Vision Care Plan administered by Spectra, and a 401(k) Savings Plan.

RULE 59 - STABILIZATION AGREEMENT

National Mediation Case No. A-7128 dated February 7, 1965 and Interpretations thereto

dated November 24, 1965, as amended June 1, 1981, are adopted and made a part of this

Agreement. See Addendum 7.

RULE 60 - DULY ACCREDITED REPRESENTATIVES

Where the term "representative" or "duly accredited representative" appears in this

agreement, it shall be understood to mean the regularly constituted committee and/or the Officers

of the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and

Station Employees, of which such committee or officers are a part.

RULE 61 - PRINTING AGREEMENT

This schedule of wages and working conditions shall be printed by the company and each

employee affected thereby shall be provided with a copy.

RULE 62 - [Intentionally Blank] (last amended 03/25/99)

- 60 -

RULE 63 - SERVICE LETTERS AND VALIDATING RECORDS

(a) An employee who enters the service of the company shall be accepted or rejected

within sixty (60) calendar days from date he first performs compensated service. If not notified

to the contrary within the time stated, it shall be understood that he becomes an accepted

employee, but this rule shall not prevent his removal from service if, subsequent to the expiration

of sixty (60) calendar days, it is found that information given in his application for employment

is materially false.

(b) Upon written request, an employee leaving the service shall be furnished a service

letter showing length of service, capacity in which employed, and reason for leaving.

RULE 64 - RIGHT TO MAKE AND INTERPRET AGREEMENTS

The right to make agreements governing rates of pay and working conditions, and to

interpret and apply all such agreements, is retained by the General Chairman and Director of

Labor Relations.

Local officers and local committees or employees shall not enter into local understandings or

agreements unless approved by the General Chairman and Director of Labor Relations.

RULE 65 - [Intentionally Blank] (as amended 03/25/99)

- 61 -

ADDENDUM 1-A [Intentionally Blank] (as amended 03/25/99)

- 62 -

ADDENDUM 1-B

MEMORANDUM OF AGREEMENT

BETWEEN THE LOUISVILLE AND

NASHVILLE RAILROAD COMPANY

AND ITS' EMPLOYEES

REPRESENTED BY

BROTHERHOOD OF RAILWAY, AIRLINE

AND STEAMSHIP CLERKS

The following understanding was reached in conference on May 22, 1981, dealing with

the adoption of the revised Scope Rule effective June 1, 1981.

With respect to the present performance of work by outside parties or employees of other

crafts which is covered by the revised Scope Rule, the Company and the Organization agree that

any dispute at any location where such work is presently being performed by outside parties, or

employees of other crafts, the dispute will be processed under the provisions of the Louisville

and Nashville Railroad Agreement effective January 1, 1973, with the understanding that the

Scope Rule, as revised and effective on June 1, 1981, will not be applicable nor will it be

introduced by either party during the process of such dispute.

This will not be construed as license to remove work from the coverage of the agreement

on or after June 1, 1981 (effective date of the agreement) except in accordance with the rule or

rules of the Louisville and Nashville Railroad Agreement. Further, it is not intended that the rule

will be expanded to cover work now performed by outside parties or employees of other crafts.

This understanding shall become effective as of June 1, 1981, and remain in effect until

changed in accordance with the Railway Labor Act as amended.

Signed at Louisville, Kentucky, this 22nd day of May, 1981.

FOR THE EMPLOYEES:

L. E. Bosher, General Chairman

Brotherhood of Railway, Airline and

Steamship Clerks

FOR THE COMPANY:

John M. Sale, Director of Labor Relations

Louisville and Nashville Railroad Co.

ADDENDUM 2 [Intentionally Blank] (last amended 03/25/99)

- 63 -

ADDENDUM 3-A

NONOPERATING (BRAC) NATIONAL

HOLIDAY PROVISIONS

The following represents a synthesis in one document, for the convenience of the parties, of

the current Holiday provisions of the National Agreement of August 21, 1954 and amendments

thereto provided in the National Agreements of August 19, 1960, November 20, 1964, December 28,

1967, June 24, 1968, February 25, 1971 and June 16, 1976 implementing Article VIII - Holidays of

the July 23, 1975 National Agreement, with appropriate source identifications.

This is intended as a guide and is not to be construed as constituting a separate agreement

between the parties. If any dispute arises as to the proper interpretations or application of any

provision, the terms of the appropriate agreement shall govern.

Section 1. Subject to the qualifying requirements contained in Section 3 hereof, and to

the conditions hereinafter provided, each hourly and daily rated employee shall receive eight

hours' pay at the pro rata hourly rate for each of the following enumerated holidays:

New Year's Day Labor Day

Washington's Birthday Veterans Day

Good Friday Thanksgiving Day

Decoration Day Christmas Eve

Fourth of July Christmas

(ART. II - Holidays - Section 2(a), 2/25/71 Agreement and Section 2, 6/16/76

Implementing Agreement)

(a) Holiday pay for regularly assigned employees shall be at the pro rata rate of the

position to which assigned.

(b) For other than regularly assigned employees, if the holiday falls on a day on which he

would otherwise be assigned to work, he shall, if consistent with the requirements of the service, be

given the day off and receive eight hours' pay at the pro rata rate of the position which he otherwise

would have worked. If the holiday falls on a day other than a day on which he otherwise would have

worked, he shall receive eight hours' pay at the pro rata hourly rate of the position on which

compensation last accrued to him prior to the holiday.

(c) Subject to the applicable qualifying requirements in Section 3 hereof, other than regularly

assigned employees shall be eligible for the paid holidays or pay in lieu thereof provided for in

paragraph (b) above, provided (1) compensation for service paid him by the company is credited to 11

or more of the 30 calendar days immediately preceding the holiday and (2) he has had a seniority date

for at least 60 calendar days or has 60 calendar days of continuous active service preceding the holiday

beginning with the first day of compensated service, provided employment was not terminated prior to

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the holiday by resignation, for cause, retirement, death, non-compliance with a union shop agreement,

or disapproval of application for employment.

(d) The provisions of this Section and Section 3 hereof applicable to other than regularly

assigned employees are not intended to abrogate or supersede more favorable rules and practices

existing on certain companys under which other than regularly assigned employees are being granted

paid holidays.

NOTE: This rule does not disturb agreements or practices now in effect under

which any other day is substituted or observed in place of any of the above

enumerated holidays.

(ART. III - Holidays - Section 1, 12/28/67 Agreement and 6/24/68 Agreement)

Section 2(a). Monthly rates, the hourly rates of which are predicated upon 169 1/3 hours, shall

be adjusted by adding the equivalent of 56 pro rata hours to the annual compensation (the monthly rate

multiplied by 12) and this sum shall be divided by 12 in order to establish a new monthly rate. The

hourly factor will thereafter be 174 and overtime rates will be computed accordingly.

Weekly rates that do not include holiday compensation shall receive a corresponding adjustment.

Section 2(b). All other monthly rates of pay shall be adjusted by adding the equivalent of 28 pro

rata hours to the annual compensation (the monthly rate multiplied by 12) and this sum shall be divided

by 12 in order to establish a new monthly rate. The sum of presently existing hours per annum plus 28

divided by 12 will establish a new hourly factor and overtime rates will be computed accordingly.

Weekly rates not included in Section 2(a) shall receive a corresponding adjustment.

(ART. II - Holidays - Section 2(a) and 2(b) of 8/21/54 Agreement)

Effective January 1, 1973, the monthly rates of monthly rated employees shall be adjusted

by adding the equivalent of 8 pro rata hours to their annual compensation (the monthly rate

multiplied by 12) and this sum shall be divided by 12 in order to establish a new monthly rate.

(ART. II - Holidays - Section 2(d) of 2/25/71 Agreement)

Effective January 1, 1976, after application of the cost-of-living adjustment effective that date,

the monthly rates of monthly rated employees shall be adjusted by adding the equivalent of 8 pro rata

hours' pay to their annual compensation (the rate multiplied by 12) and this sum shall be divided by

12 in order to establish a new monthly rate. That portion of such 8 pro rata hours' pay which derives

from the cost-of-living allowance will not become part of basic rates of pay except as provided in

Article II, Section 1(d) of the Agreement of July 23, 1975. The sum of presently existing hours per

annum plus 8, divided by 12, will establish a new hourly factor for purposes of applying cents-per-

hour adjustments in such monthly rates of pay and computing overtime rates.

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A corresponding adjustment shall be made in weekly rates and hourly factors derived therefrom.

(Section 5, 6/16/76 Implementing Agreement)

The hourly factor as shown in Section 2(a) above, was as a result of the addition

of the birthday holiday (later Good Friday) increased, effective January 1, 1965, to

174 2/3; as a result of the addition of Veterans Day as a holiday, effective January

1, 1973, increased to 175 1/3; and as a result of the addition of Christmas Eve (the

day before Christmas is observed) as a holiday, effective January 1, 1976,

increased to 176 hours.

Section 3. A regularly assigned employee shall qualify for the holiday pay provided in Section 1

hereof if compensation paid him by the company is credited to the workdays immediately preceding and

following such holidays or if the employee is not assigned to work but is available for service on such

days. If the holiday falls on the last day of a regularly assigned employee's workweek, the first workday

following his rest days shall be considered the workday immediately following. If the holiday falls on the

first workday of his workweek, the last workday of the preceding workweek shall be considered the

workday immediately preceding the holiday.

Except as provided in the following paragraph, all others for whom holiday pay is

provided in Section 1 hereof shall qualify for such holiday pay if on the day preceding and the

day following the holiday they satisfy one or the other of the following conditions:

(i) Compensation for service paid by the company is credited; or

(ii) Such employee is available for service.

NOTE: "Available" as used in subsection (ii) above is interpreted by the parties to

mean that an employee is available unless he lays off of his own accord or does

not respond to a call, pursuant to the rules of the applicable agreement, for service.

For the purposes of Section 1, other than regularly assigned employees who are relieving

regularly assigned employees on the same assignment on both the work day preceding and the work

day following the holiday will have the workweek of the incumbent of the assigned position and will

be subject to the same qualifying requirements respecting service and availability on the work days

preceding and following the holiday as apply to the employee whom he is relieving.

Compensation paid under sick - leave rules or practices will not be

considered as compensation for purposed of this rule.

(ART. III - Holidays - Section 2, 12/28/67 Agreement and 6/24/68 Agreement)

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An employee who meets all other qualifying requirements will qualify for holiday pay for both

Christmas Eve and Christmas Day if on the "workday" or the "day," as the case may be, immediately

preceding the Christmas Eve holiday he fulfills the qualifying requirements applicable to the "workday"

or the "day" before the holiday and on the "workday" or the "day" as the case may be, immediately

following the Christmas Day holiday he fulfills the qualifying requirements applicable to the "workday"

or the "day" after the holiday.

An employee who does not qualify for holiday pay for both Christmas Eve and Christmas

Day may qualify for holiday pay for either Christmas Eve or Christmas Day under the provisions

applicable to holidays generally.

(Section 4, 6/16/76 Implementing Agreement)

Section 4. Provisions in existing agreements with respect to holidays in excess of the ten

holidays referred to in Section 1 hereof shall continue to be applied without change.

(Section 3(b), 6/16/76 Implementing Agreement)

Section 5(a). Existing rules and practices thereunder governing whether an employee

works on a holiday and the payment for work performed on a holiday are extended to apply to

Good Friday, Veterans Day and to Christmas Eve (the day before Christmas is observed) in the

same manner as to other holidays listed or referred to therein.

(Section 3(a), 6/16/76 Implementing Agreement)

Section 5(b). All rules, regulations or practices which provide that when a regularly

assigned employee has an assigned relief day other than Sunday and one of the holidays specified

therein falls on such relief day, the following assigned day will be considered his holiday, are

hereby eliminated.

(ART. II - Holidays - Section 1(c) of 2/25/71 Agreement)

Section 5(c). Under no circumstances will an employee be allowed, in addition to his

holiday pay, more than one time and one-half payment for service performed by him on a holiday

which is also a work day, a rest day, and/or a vacation day.

NOTE: This provision does not supersede provisions of the individual collective

agreements that require payment of double time for holidays under specified

conditions.

Section 5(d). Except as provided in this Section 5, existing rules and practices thereunder

governing whether an employee works on a holiday and the payment for work performed on a

holiday are not changed hereby.

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(ART. III - Holiday - Section 4 of 12/28/67 Agreement and 6/24/68 Agreement)

Section 6. Article II, Section 6 of the Agreement of August 21, 1954, which was added

by the Agreement of November 20, 1964, covering the birthday holiday, is eliminated. However,

the adjustment in monthly rates of monthly rated employees which was made effective January 1,

1965, pursuant to Article II of the Agreement of November 20, 1964, by adding the equivalent of

8 pro rata hours to their annual compensation (the monthly rate multiplied by 12) and dividing

this sum by 12 in order to establish a new monthly rate, continues in effect.

(ART. II - Holidays - Section 1(d), 2/25/71 Agreement)

Section 7. When any of the ten recognized holidays enumerated in Section 1 of this

Article II, or any day which by agreement, or by law or proclamation of the State or Nation, has

been substituted or is observed in place of any of such holidays, falls during an hourly or daily

rated employee's vacation period, he shall, in addition to his vacation compensation, receive the

holiday pay provided for therein provided he meets the qualification requirements specified. The

"workdays" and "days" immediately preceding and following the vacation period shall be

considered the "workdays" and "days" preceding and following the holiday for such qualification

purposes.

(ART. II - Holidays - Sections 1(e) and 2(c), 2/25/71 Agreement and Section 3(b),

6/16/76 Implementing Agreement)

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ADDENDUM 3-B

October 9, 1980

D-323-Gen

Mr. C. W. Shores, Vice General Chairman

Brotherhood of Railway & Airline Clerks

343 West Kenwood Way

Louisville, Kentucky 40214

Dear Sir:

In conference today, October 9, we discussed protecting carrier's service on holidays.

It was agreed that, on holidays when a reduced force is required, carrier will decide the

areas in which work will be required and the number of employees required to accomplish this

work. The employee assigned to the highest rated position(s) in that area who is qualified to

perform all work required in that area will be required to work on the holiday. Where two such

employees in that area are rated the same and both are qualified on all work required, the senior

employee will be required to work on the holiday.

In the event the senior employee requests not to be required to work on the holiday, junior

qualified employees in seniority order will be offered the holiday work and paid the rate

applicable to the highest rated work performed during the shift worked on the holiday. If all in

that area decline to work, the junior qualified employee will be required to work.

If the above sets forth our understanding, please sign and return one copy of this letter.

Yours truly,

John M. Sale

Director of Labor Relations

AGREED:

C. W. Shores,

Vice General Chairman, BRAC

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ADDENDUM 4

NONOPERATING (BRAC) NATIONAL

VACATION AGREEMENTS

The following represents a synthesis in one document, for the convenience of the parties,

of the current provisions of the December 17, 1941 National Vacation Agreement and

amendments thereto provided in the National Agreements of August 21, 1954, August 19, 1960,

November 20, 1964, December 15, 1966, January 13, 1967, December 28, 1967, June 24, 1968,

February 25, 1971, January 30, 1979 and December 11, 1981, with appropriate source

identifications.

This is intended as a guide and is not to be construed as constituting a separate agreement

between the parties. If any dispute arises as to the proper interpretation or application of any

provision, the terms of the appropriate vacation agreement shall govern.

1.(a) Effective with the calendar year 1973, an annual vacation of five (5) consecutive

work days with pay will be granted to each employee covered by this Agreement who renders

compensated service on not less than one hundred twenty (120) days during the preceding

calendar year.

(b) Effective with the calendar year 1973, an annual vacation of ten (10) consecutive

work days with pay will be granted to each employee covered by this Agreement who renders

compensated service on not less than one hundred ten (110) days during the preceding calendar

year and who has two (2) or more years of continuous service and who, during such period of

continuous service renders compensated service on not less than one hundred ten (110) days (133

days in the years 1950-1959 inclusive, 151 days in 1949 and 160 days in each of such years prior

to 1949) in each of two (2) of such years, not necessarily consecutive.

(c) Effective with the calendar year 1982, an annual vacation of fifteen (15)

consecutive work days with pay will be granted to each employee covered by this Agreement

who renders compensated service on not less than one hundred (100) days during the preceding

calendar year and who has eight (8) or more years of continuous service and who, during such

period of continuous service renders compensated service on not less than one hundred (100)

days (133 days in the years 1950-1959 inclusive, 151 days in 1949 and 160 days in each of such

years prior to 1949) in each of eight (8) of such years, not necessarily consecutive.

(d) Effective with the calendar year 1982, an annual vacation of twenty (20)

consecutive work days with pay will be granted to each employee covered by this Agreement

who renders compensated service on not less than one hundred (100) days during the preceding

calendar year and who has seventeen (17) or more years of continuous service and who, during

such period of continuous service renders compensated service on not less than one hundred

(100) days (133 days in the years 1950-1959 inclusive, 151 days in 1949 and 160 days in each of

such years prior to 1949) in each of seventeen (17) of such years, not necessarily consecutive.

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(e) Effective with the calendar year 1973, an annual vacation of twenty-five (25)

consecutive work days with pay will be granted to each employee covered by this Agreement who

renders compensated service on not less than one hundred (100) days during the preceding calendar

year and who has twenty-five (25) or more years of continuous service and who, during such period of

continuous service renders compensated service on not less than one hundred (100) days (133 days in

the years 1950-1959 inclusive, 151 days in 1949 and 160 days in each of such years prior to 1949) in

each of twenty-five (25) of such years, not necessarily consecutive.

(f) Paragraphs (a), (b), (c), (d) and (e) hereof shall be construed to grant to weekly and

monthly rated employees, whose rates contemplate more than five days of service each week,

vacations of one, two, three, four or five work weeks.

(g) Service rendered under agreements between a carrier and one or more of the Non-

Operating Organizations parties to the General Agreement of August 21, 1954, or to the General

Agreement of August 19, 1960, shall be counted in computing days of compensated service and years

of continuous service for vacation qualifying purposes under this Agreement.

(h) Calendar days in each current qualifying year on which an employee renders no service

because of his own sickness or because of his own injury shall be included in computing days of

compensated service and years of continuous service for vacation qualifying purposes on the basis of a

maximum of ten (10) such days for an employee with less than three (3) years of service; a maximum

of twenty (20) such days for an employee with three (3) but less than fifteen years of service; and a

maximum of thirty (30) such days for an employee with fifteen (15) or more years of service with the

employing carrier.

(i) In instances where employees who have become members of the Armed Forces of the

United States return to the service of the employing carrier in accordance with the Military Selective

Service Act of 1967, as amended, the time spent by such employees in the Armed Forces subsequent

to their employment by the employing carrier will be credited as qualifying service in determining the

length of vacations for which they may qualify upon their return to the service of the employing

carrier.

(j) In instances where an employee who has become a member of the Armed Forces of the

United States returns to the service of the employing carrier in accordance with the Military Selective

Service Act of 1967, as amended, and in the calendar year preceding his return to railroad service had

rendered compensated service on fewer days than are required to qualify for a vacation in the calendar

year of his return to railroad service, but could qualify for a vacation in the year of his return to

railroad service if he had combined for qualifying purposes days on which he was in railroad service

in such preceding calendar year with days in such year on which he was in the Armed Forces, he will

be granted, in the calendar year of his return to railroad service, a vacation of such length as he could

so qualify for under paragraphs (a), (b), (c), (d) or (e) and (i) hereof.

(k) In instances where an employee who has become a member of the Armed Forces of the

United States returns to the service of the employing carrier in accordance with the Military Selective

Service Act of 1967, as amended, and in the calendar year of his return to railroad service renders

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compensated service on fewer days than are required to qualify for a vacation in the following

calendar year, but could qualify for a vacation in such following calendar year if he had combined for

qualifying purposed days on which he was in railroad service in the year of his return with days in

such year on which he was in the Armed forces, he will be granted, in such following calendar year, a

vacation of such length as he could so qualify for under paragraphs (a), (b), (c), (d) or (e) and (i)

hereof.

(l) An employee who is laid off and has no seniority date and no rights to accumulate

seniority, who renders compensated service on not less than one hundred twenty (120) days in a

calendar year and who returns to service in the following year for the same carrier will be granted the

vacation in the year of his return. In the event such an employee does not return to service in the

following year for the same carrier will be granted the vacation in the year of his return. In the event

such an employee does not return to service in the following year for the same carrier he will be

compensated in lieu of the vacation he has qualified for provided he files written request therefor to

his employing officer, a copy of such request to be furnished to his local or general chairman.

(From Article III - Vacations - Section 1 of 2/25/71 Agreement)

2. Insofar as applicable to the employees covered by this agreement, Article 2 of the Vacation

Agreement of December 17, 1941, as amended, is hereby cancelled.

(From Article II - Vacations - Section 2 of 12/28/67 and 6/24/68 Agreements)

3. The terms of this agreement shall not be construed to deprive any employee of such

additional vacation days as he may be entitled to receive under any existing rule, understanding or

custom, which additional vacation days shall be accorded under and in accordance with the terms of

such existing rule, understanding or custom.

(From Section 3 of 12/17/41 Agreement)

An employee's vacation period will not be extended by reason of any of the nine recognized

holidays (New Year's Day, Washington's Birthday, Good Friday, Memorial Day, Fourth of July, Labor

day, Veterans Day, Thanksgiving Day and Christmas) or any day which by agreement has been

substituted or is observed in place of any of the nine holidays enumerated above, or any holiday which

by local agreement has been substituted therefor, falling within his vacation period.

(Article III - Vacations - Section 3 of 2/25/71 Agreement)

4. (a) Vacations may be taken from January 1st to December 31st and due regard consistent

with requirements of service shall be given to the desires and preferences of the employees in seniority

order when fixing the dates of their vacations.

The local committee of each organization signatory hereto and the representatives of the

Carrier will cooperate in assigning vacation dates.

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(b) The Management may upon reasonable notice (of thirty (30) days or more, if

possible, but in no event less than fifteen (15) days) require all or any number of employees in

any plant, operation, or facility, who are entitled to vacations to take vacations at the same time.

The local committee of each organization affected signatory hereto and the proper

representative of the carrier will cooperate in the assignment of remaining forces.

(From Sections 4(a) and 4(b) of 12/17/41 Agreement)

5. Each employee who is entitled to vacation shall take same at the time assigned, and,

while it is intended that the vacation date designated will be adhered to so far as practicable, the

management shall have the right to defer same provided the employee so affected is given as

much advance notice as possible; not less than ten (10) days' notice shall be given except when

emergency conditions prevent. If it becomes necessary to advance the designated date, at least

thirty (30) days' notice will be given affected employee.


Such employee shall be paid the time and one-half rate for work performed during his

vacation period in addition to his regular vacation pay.

NOTE: This provision does not supersede provisions of the individual collective

agreements that require payment of double time under specified conditions.

(8/21/54 Agreement)

(From Article I - Vacations - Section 4 of 8/21/54 Agreement)

6. The carriers will provide vacation relief workers but the vacation system shall not be

used as a device to make unnecessary jobs for other workers. Where a vacation relief worker is

not needed in a given instance and if failure to provide a vacation relief worker does not burden

those employees remain on the job, or burden the employee after his return from vacation, the

carrier shall not be required to provide such relief worker.


7. Allowances for each day for which an employee is entitled to a vacation with pay will

be calculated on the following basis:

(a) An employee having a regular assignment will be paid while on vacation the daily

compensation paid by the carrier for such assignment.

(b) An employee paid a daily rate to cover all services rendered, including overtime,

shall have no deduction made from his established daily rate on account of

vacation allowances made pursuant to this agreement.

(c) An employee paid a weekly or monthly rate shall have no deduction made from his

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compensation on account of vacation allowances made pursuant to this agreement.

(d) An employee working on a piece-work or tonnage basis will be paid on the basis

of the average earnings per day for the last two semi-monthly periods preceding

the vacation, during which two periods such employee worked on as many as

sixteen (16) different days.

(e) An employee not covered by paragraphs (a), (b), (c), or (d) of this section will be

paid on the basis of the average daily straight time compensation earned in the last

pay period preceding the vacation during which he performed service.

(From Section 7 of the 12/17/41 Agreement)

8. The vacation provided for in this Agreement shall be considered to have been earned

when the employee has qualified under Article 1 hereof. If an employee's employment status is

terminated for any reason whatsoever, including but not limited to retirement, resignation,

discharge, non-compliance with a union-shop agreement, or failure to return after furlough he

shall at the time of such termination be granted full vacation pay earned up to the time he leaves

the service including pay for vacation earned in the preceding year or years and not yet granted,

and the vacation for the succeeding year if the employee has qualified therefor under Article 1. If

an employee thus entitled to vacation or vacation pay shall die the vacation pay earned and not

received shall be paid to such beneficiary as may have been designated, or in the absence of such

designation, the surviving spouse or children or his estate, in that order of preference.

(From Article IV - Vacations - Section 2 of 8/19/60 Agreement)

9. Vacations shall not be accumulated or carried over from one vacation year to another.


10. (a) An employee designated to fill an assignment of another employee on

vacation will be paid the rate of such assignment or the rate of his own assignment, whichever is

the greater; provided that if the assignment is filled by a regularly assigned vacation relief

employee, such employee shall receive the rate of the relief position. If an employee receiving

graded rates, based upon length of service and experience, is designated to fill an assignment of

another employee in the same occupational classification receiving such graded rates who is on

vacation, the rate of the relieving employee will be paid.

(b) Where work of vacationing employees is distributed among two or more

employees, such employees will be paid their own respective rates. However, not more than the

equivalent of twenty-five per cent of the work load of a given vacationing employee can be

distributed among fellow employees without the hiring of a relief worker unless a larger

distribution of work load is agreed to by the proper local union committee or official.

(c) No employee shall be paid less than his own normal compensation for the

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hours of his own assignment because of vacations to other employees.

(From Section 10 to 12/17/41 Agreement)

11. While the intention of this agreement is that the vacation period will be continuous, the

vacation may, at the request of an employee, be given in installments if the management consents thereto.

(From Section 11 of 12/17/41 Agreement

12. (a) Except as otherwise provided in this agreement a carrier shall not be required to

assume greater expense because of granting a vacation than would be incurred if an employee

were not granted a vacation and was paid in lieu therefor under the provision hereof. However, if

a relief worker necessarily is put to substantial extra expense over and above that which the

regular employee on vacation would incur if he had remained on the job, the relief worker shall

be compensated in accordance with existing regular relief rules.

(b) As employees exercising their vacation privileges will be compensated under this

agreement during their absence on vacation, retaining their other rights as if they had remained at

work, such absences from duty will not constitute "vacancies" in their positions under any

agreement. When the position of a vacationing employee is to be filled and regular relief

employee is not utilized, effort will be made to observe the principle of seniority.

(c) A person other than a regularly assigned relief employee temporarily hired solely for

vacation relief purposes will not establish seniority rights unless so used more than 60 days in a calendar

year. If a person so hired under the terms hereof acquires seniority rights, such rights will date from the

day of original entry into service unless otherwise provided in existing agreements.


13. The parties hereto having in mind conditions which exist or may arise on individual

carriers in making provision for vacations with pay agree that the duly authorized representatives

of the employees, who are parties to one agreement, and the proper officer of the carrier may

make changes in the working rules or enter into additional written understanding to implement

the purposes of this agreement, provided that such changes or understandings shall not be

inconsistent with this agreement.


14. Any dispute or controversy arising out of the interpretation or application or

application of any of the provisions of this agreement shall be referred for decision to a

committee, the carrier members of which shall be the Carriers' Conference Committees signatory

hereto, or their successors; and the employee members of which shall be the Chief Executives of

the Fourteen Organizations, or their representatives, or their successors. Interpretations or

applications agreed upon by the carrier members and employee members of such committee shall

be final and binding upon the parties to such dispute or controversy.

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This section is not intended by the parties as a waiver of any of their rights provided in

the Railway Labor Act as amended, in the event committee provided in this section fails to

dispose of any dispute or controversy.


15. Except as otherwise provided herein this agreement shall be effective as of January 1,

1973, and shall be incorporated in existing agreements as a supplement thereto and shall be in

full force and effect for a period of one (1) year from January 1, 1973, and continue in effect

thereafter, subject to not less than seven (7) months' notice in writing (which notice may be

served in 1973 or in any subsequent year) by any carrier or organization party hereto, of desire to

change this agreement as of the end of the year in which the notice is served. Such notice shall

specify the changes desired and the recipient of such notice shall then have a period of thirty (30)

days from the date of the receipt of such notice within which to serve notice specifying changes

which it or they desire to make. Thereupon such proposals of the respective parties shall

thereafter be negotiated and progressed concurrently to a conclusion.

(From Article III - Vacations - Section 2 of 2/25/71 Agreement)

Except to the extent that articles of the Vacation Agreement of December 17, 1941 are

changed by this Agreement, the said agreement and the interpretations thereof and of the

Supplemental Agreement of February 23, 1945, as made by the parties, dated June 10, 1942, July

20, 1942 and July 18, 1945 and by Referee Morse in his award of November 12, 1942, shall

remain in full force and effect.

In Sections 1 and 2 of this Agreement certain words and phrases which appear in the Vacation

Agreement of December 17, 1941, and in the Supplemental Agreement of February 23, 1945, are used.

The said interpretations which defined such words and phrases referred to above as they appear in said

Agreements shall apply in construing them as they appear in Sections 1 and 2 hereof.

(From Article I - Vacations - Section 6 of 8/21/54 Agreement)

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ADDENDUM 5

ARTICLE IX - PERSONAL LEAVE

Article IX of the January 30, 1979 Agreement is eliminated, effective January 1, 1982,

and the following provisions are applicable:

Section 1

A maximum of three days of personal leave will be provided on the following basis:

(a) Employees who have met the qualifying vacation requirements during eight calendar

years under vacation rules in effect on January 1, 1982 shall be entitled to one day of personal

leave in subsequent calendar years;

(b) Employees who have met the qualifying vacation requirements during seventeen

calendar years under vacation rules in effect on January 1, 1982 shall be entitled to two days of

personal leave in subsequent calendar years; and

(c) Employees who have met the qualifying vacation requirements during twenty

calendar years under vacation rules in effect on January 1, 1982 shall be entitled to three days of

personal leave in subsequent calendar years.

Section 2

(a) Personal leave days provided in Section 1 may be taken upon 48 hours' advance

notice from the employee to the proper carrier officer; provided, however, such days may be

taken only when consistent with the requirements of the carrier's service. It is not intended that

this condition prevent an eligible employee from receiving personal leave days except where the

request for leave is so late in a calendar year that service requirements prevent the employee's

utilization of personal leave days before the end of that year.

(b) Personal leave days will be paid for at the regular rate of the employee's position or

the protected rate, whichever is higher.

(c) The personal leave days provided in Section 1 shall be forfeited if not taken during

each calendar year. The carrier shall have the option to fill or not fill the position of an employee

who is absent on a personal leave day. If the vacant position is filled, the rules of the agreement

applicable thereto will apply. The carrier will have the right to distribute work on a position

vacated among other employees covered by the BRAC agreement.

Section 3

This Article shall become effective on January 1, 1982 except on such carriers where the

organization representative may elect to preserve existing local rules or practices pertaining to personal

leave days and so notified the authorized carrier representative on or before such effective date.

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ADDENDUM 6


Between the Louisville and Nashville Railroad Company, hereinafter referred to as the Carrier,

and its Employees represented by the Brotherhood of Railway and Steamship Clerks, Freight

Handlers, Express and Station Employees, hereinafter referred to as the Brotherhood.

WITNESSETH:

Section 1

In accordance with and subject to the terms and conditions hereinafter set forth, all

employees of the Carrier now or hereafter subject to the rules and Working conditions

Agreements between the parties hereto, except as hereinafter provided, shall as a condition of

their continued employment subject to such agreements, become members of the Brotherhood

within sixty calendar days of the date they first perform compensated service as such employees

after the effective date of this agreement, and thereafter shall maintain membership in such

organization; except that such membership shall not be required of any individual until he has

performed compensated service on thirty days within a period of twelve consecutive calendar

months. Nothing in this agreement shall alter, enlarge or otherwise change the coverage of the

present or future rules and Working Conditions Agreements.

Section 2

This agreement shall not apply to employees while occupying positions which are

excepted from the bulletining and displacement rules of the Rules and Working Conditions

Agreements, but this provision shall not include employees who are subordinates to and report to

other employees who are covered by this agreement. However, such excepted employees are free

to be members of the Brotherhood at their option.

Section 3

(a) Employees who retain seniority under the Rules and Working Conditions Agreements and

who are regularly assigned or transferred to full time employment not covered by such agreements, or

who, for a period of thirty days or more are (1) furloughed on account of force reduction, or (2) on

leave of absence or (3) absent on account of sickness or disability, will not be required to maintain

membership as provided in Section 1 of this agreement so long as they remain in such other

employment, are furloughed or absent as herein provided, but they may do so at their option. Should

such employees return to any service covered by the said Rules and Working Conditions Agreements

and continue therein for thirty calendar days or more, irrespective of the number of days actually

worked during that period, they shall, as a condition of their continued employment subject to such

agreements, be required to become and remain members of the Brotherhood within thirty-five

calendar days from date of their return to such service.

(b) The seniority status and rights of employees furloughed to serve in the Armed Forces or

granted leaves of absence to engage in studies under an educational aid program sponsored by the

federal government or a state government for the benefit of ex-service men shall not be terminated by

reason of any of the provisions of this agreement but such employees shall, upon resumption of

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employment, be considered as new employees for the purposes of applying this agreement.

(c) Employees who retain seniority under the Rules and Working Conditions Agreements

and who, for reasons other than those specified in subsections (a) and (b) of this section, are not

in service covered by such agreements, or leave such service, will not be required to maintain

membership as provided in Section 1 of this agreement so long as they are not in service covered

by such agreements, but they may do so at their option. Should such employees return to any

service covered by the said Rules and Working Conditions Agreements they shall, as a condition

of their continued employment, be required, from the date of their return to such service, to

become and remain members in the Brotherhood.

Section 4

Nothing in this agreement shall require an employee to become or to remain a member of

the Brotherhood if such membership is not available to such employee upon the same terms and

conditions as are generally applicable to any other member, or if the membership of such

employee is denied or terminated for any reason other than the failure of the employee to tender

the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly

required or adjusted in keeping with the further provisions of this agreement as a condition of

acquiring or retaining membership.

For purposes of this agreement, periodic dues, initiation fees, and assessments, shall be

deemed to be "uniformly required" if they are required of all employees in the same status at the

same time in the same organizational unit.

Section 5

(a) Each employee covered by the provisions of this agreement shall be considered by the

Carrier to have met the requirements of the agreement unless and until the Carrier is advised to

the contrary in writing by the Brotherhood. The Brotherhood will notify the Director of

Personnel of the Carrier in writing by Registered or Certified Mail, Return Receipt Requested, or

by personal delivery to his office evidenced by receipt, of any employee who is alleged has failed

to comply with the terms of this agreement and who the Brotherhood therefore claims is not

entitled to continue in employment subject to the rules and Working Conditions Agreements.

The form of notice to be used shall be agreed upon by the Carrier and the Brotherhood and the

form shall make provision for specifying the reasons for the allegation of non-compliance. Upon

receipt of such notice, the Carrier will, within ten calendar days of such receipt, so notify the

employee concerned in writing by Registered or Certified Mail, Return Receipt Requested, or by

personal delivery evidenced by receipt. Copy of such notice to the employee shall be given the

Brotherhood. An employee so notified who disputes the fact that he has failed to comply with

the terms of this agreement, shall within a period of ten calendar days from the date of receipt of

such notice, request of such notice, request the Carrier in writing by Registered or Certified Mail,

return Receipt Requested, or by personal delivery evidenced by receipt, to accord him a hearing.

Upon receipt of such request, the Carrier shall set a date for hearing which shall be held within

ten calendar days of the date of receipt of request therefor. Notice of the date set for hearing

shall be promptly given the employee in writing with copy to the Brotherhood, by Registered or

Certified Mail, Return Receipt Requested, or by personal delivery evidenced by receipt. A

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representative of the Brotherhood shall attend and participate in the hearing. The receipt by the

Carrier of a request for a hearing shall operate to stay action on the termination of employment

until the hearing is held and the decision of the Carrier is rendered.

In the event the employee concerned does not request a hearing as provided herein, the

Carrier shall proceed to terminate his seniority and employment under the Rules and Working

Conditions Agreements not later than thirty calendar days from receipt of the above described

notice from the Brotherhood, unless the Carrier and the Brotherhood agree otherwise in writing.

(b) The Carrier shall determine on the basis of the evidence produced at the hearing

whether or not the employee has complied with the terms of this agreement and shall render a

decision within twenty calendar days from the date that the hearing is closed, and the employee

and the Brotherhood shall be promptly advised thereof in writing by Registered or Certified Mail,

Return Receipt Requested.

If the decision is that the employee has not complied with the terms of this agreement, his

seniority and employment under the Rules and Working Conditions Agreements shall be

terminated within twenty calendar days of the date of said decision except as hereinafter provided

or unless the Carrier and the Brotherhood agree otherwise in writing.

If the decision is not satisfactory to the employee or to the Brotherhood, it may be

appealed in writing, by Registered or Certified Mail, Return Receipt Requested, directly to the

Director of Personnel of the Carrier. Such appeal must be received by such officer within ten

calendar days of the date of the decision appealed from and shall operate to stay action on the

termination of seniority and employment, until decision on appeal is rendered. The Carrier shall

promptly notify the other party in writing of any such appeal, by Registered or Certified Mail,

Return Receipt Requested. The decision on such appeal shall be rendered within twenty calendar

days of the date the notice of appeal is received, and the employee and the Brotherhood shall be

promptly advised thereof in writing by Registered or Certified Mail, Return Receipt Requested.

If the decision on such appeal is that the employee has not complied with the terms of this

agreement, his seniority and employment under the Rules and Working Conditions Agreements

shall be terminated within twenty calendar days of the date of said decision unless selection days

of the date of said decision unless selection of a neutral is requested as provided below, or unless

the Carrier and the Brotherhood agree otherwise in writing. The decision on appeal shall be final

and binding unless within ten calendar days from the date of the decision the Brotherhood or the

employee involved requests the selection of a neutral person to decide the dispute as provided in

Section 5(c) below. Any request for selection of a neutral person as provided in Section 5(c)

below shall operate to say action on the termination of seniority and employment until not more

than ten calendar days from the date decision is rendered by the neutral person.

(c) If within ten calendar days after the date of a decision on appeal by the Director of

Personnel of the Carrier the Brotherhood or the employee involved requests such Director of

Personnel in writing by Registered or Certified Mail Return Receipt Requested, that a neutral be

appointed to decide the dispute, a neutral person to act as sole arbitrator to decide the dispute

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shall be selected by the Director of Personnel of the Carrier, the General Chairman of the

Brotherhood or his designated representative, and the employee involved or his representative. If

they are unable to agree upon the selection of a neutral person, any one of them may request the

Chairman of the National Mediation Board in writing to appoint such a neutral. The Carrier, the

Brotherhood and the employee involved shall have the right to appear and present evidence at a

hearing before such neutral arbitrator. Any decision by such neutral arbitrator shall be made

within thirty calendar days from the date of receipt of the request for his appointment and shall

be final and binding upon the parties. The Carrier, the employee, and the Brotherhood shall be

promptly advised thereof in writing by Registered or Certified Mail, Return Receipt Requested.

If the position of the employee is sustained, the fees, salary and expenses of the neutral arbitrator

shall be borne in equal shares by the Carrier and the Organization; if the employee's position is

not sustained, such fees, salary and expenses shall be borne in equal shares by the Carrier, the

Organization and the employee.

(d) The time periods specified in this section may be extended in individual cases by

written agreement between the Carrier and the Brotherhood.

(e) Provisions of investigation and discipline rules contained in the Rules and Working

Conditions Agreements between the Carrier and the Brotherhood will not apply to cases under

this agreement.

(f) The General Chairman of the Brotherhood is the representative of the Brotherhood

who is authorized to serve and receive the notices described in this agreement. The Director of

Personnel of the Carrier is its representative who is authorized to receive and serve the notices, as

described in this agreement, from and on the Brotherhood.

(g) In computing the time periods specified in this agreement, the date on which a notice

is received or decision rendered shall not be counted.

Section 6

Other provisions of this agreement to the contrary notwithstanding, the Carrier shall not

be required to terminate the employment of an employee until such time as a qualified

replacement is available. The Carrier may not, however, retain such employee in service under

the provisions of this section for a period in excess of sixty calendar days from the date of the last

decision rendered under the provisions of Section 5, or ninety calendar days from date of receipt

of notice from the Brotherhood cases where the employee does not request a hearing. The

employee whose employment is extended under the provisions of this section shall not, during

such extension, retain or acquire any seniority rights. The position will be advertised as vacant

under the bulletining rules of the Rules and Working Conditions Agreements but the employee

may remain on the position he held at the time of the last decision or at the date of receipt of

notice where no hearing is requested pending the assignment of the successful applicant, unless

displaced or unless the position is abolished. The above periods may be extended by agreement

between the Carrier and the Brotherhood.

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Section 7

An employee whose seniority and employment under the Rules and Working Conditions

Agreements is terminated pursuant to the provisions of this agreement or whose employment is

extended under Section 6 shall have no time or money claims by reason thereof.

If the final determination under Section 5 of this agreement is that an employee's seniority

and employment shall be terminated, no liability against the Carrier in favor of the Brotherhood

or other employees based upon an alleged violation, misapplication or non-compliance with any

part of this agreement shall arise or accrue during the period up to the expiration of the sixty or

ninety day periods specified in Section 6, or while such determination may be stayed by a court,

or while a discharged employee may be restored to service pursuant to judicial determination.

During such periods, no provision of any other agreement between the parties hereto shall be

used as a basis for a grievance or time or money claim by or on behalf of any employee against

the Carrier predicated upon any action taken by the Carrier in applying or complying with this

agreement or upon an alleged violation, misapplication or non-compliance with any provision of

this agreement. If the final determination under Section 5 of this agreement is that an employee's

employment and seniority shall not be terminated, his continuance in service shall give rise to no

liability against the Carrier in favor of the Brotherhood or other employees based upon an alleged

violation, misapplication or non-compliance with any part of this agreement.

Section 8

In the event that seniority and employment under the Rules and Working Conditions

Agreements is terminated by the Carrier under the provisions of this agreement, and such

termination of seniority and employment is subsequently determined to be improper, unlawful, or

unenforceable, the Brotherhood shall indemnify and save harmless the Carrier against any and all

liability arising as the result of such improver, unlawful, or unenforceable termination of

seniority and employment; provided, however, that this section shall not apply to any case in

which the Carrier involved is the plaintiff or the moving party in the action in which the aforesaid

determination is made or in which case such Carrier acts in collusion with any employee;

provided further, that the aforementioned liability shall not extend to the expenses to the Carrier

in defending suits by employees whose seniority and employment are terminated by the Carrier

under the provisions of this agreement.

Section 9

(a) The Carrier shall periodically deduct from the wages of employees subject to this

agreement periodic dues, initiation fees, and assessments (not including fines and penalties),

uniformly required, or as may be adjusted in accordance with other provisions of this agreement,

as a condition of acquiring or retaining membership in the Brotherhood, and shall pay the amount

so deducted to such officer of the Brotherhood as the Brotherhood shall designate; provided,

however, that the requirements of this subsection (a) shall not be effective with respect to any

individual employee until he shall have furnished the Carrier with a written assignment to the

Brotherhood of such membership dues, initiation fees and assessments, which assignment shall

be revocable in writing after the expiration of one year or upon the termination of this agreement

whichever occurs first.

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(b) The provisions of subsection (a) of this section shall not become effective unless and

until the Carrier and the Brotherhood shall agree upon the terms and conditions under which such

provisions shall be applied; such agreement to include, but not be restricted to, the means of

making said deductions, the amounts to be deducted, the form, procurement and filing of

authorization certificates, the frequency of deductions, the priority of said deductions with

respect to other deductions now or hereafter authorized, the payments and distributions f amounts

withheld and nay other matters pertinent thereto.

Section 10

Notwithstanding any other provisions in this agreement contained, it is agreed that

employees who are subject to this agreement have the right to object to the use of that proportion

of their periodic dues, initiation fees, and assessments which is used for political activities over

their objection and the Brotherhood will refund such proportion of said periodic dues, initiation

fees, and assessments are used for political activities to which the employee is opposed, in

accordance with this Section 10.

An employee who is subject to this agreement may at any time give notice of such

objection, in writing, mailed by Registered or Certified Mail, Return Receipt Requested, to the

General Chairman. Upon receipt of such written objection, the General Chairman will, within

thirty days, notify such employee of the proportion that the total expenditures by the Grand

Lodge of the Brotherhood for political activities bore to the total expenditures of the Grand

Lodge of the Brotherhood for all purposes on the basis of the preceding calendar year as reflected

by the audit for such preceding calendar year by an independent Certified Public Accountant.

Such proportion will be reduced to a percentage factor and such employee's periodic dues,

initiation fees, and assessments thereafter becoming due will be reduced by said percentage factor.

The periodic dues, initiation fees, and assessments, if any, paid by such objecting

employee during the period between the receipt by the General Chairman of his written objection

and the end of the calendar year in which such objection is received by the General Chairman

will be refunded by the Brotherhood to the employee in the same proportion as those which will

be deducted in the future.

Annually, at the close of each calendar year the Grand Lodge of the Brotherhood, to-wit:

the 31st day of December, a redetermination will be made by the Grand Lodge of the

Brotherhood in accordance with the above and such information will be furnished to each

objecting employee and periodic dues, initiation fees, and assessments in the ensuing calendar

year will be reduced accordingly for such objecting employee.

In the event the objecting employee is dissatisfied with the determination or

redetermination of the proportion of periodic dues, initiation fees and assessments disbursed for

political activities, he may appeal such determination or redetermination to the Grand President

of the Brotherhood and, if still dissatisfied, to the Grand Executive Council as his final appeal in

the Brotherhood, after which he may resort to any other procedures or remedies for the

vindication of his rights as are otherwise provided by law.

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Section 11

Notwithstanding any provisions of this agreement, any employee of the Carrier covered

by this agreement who, because of religious convictions, is conscientiously opposed to the

joining of the Brotherhood, shall be excused from joining said Brotherhood but shall be required

to pay the initiation fees, dues and assessments uniformly imposed by this agreement or as may

be adjusted in accordance with other provisions of this agreement.

Section 12

This agreement shall become effective May 1, 1966, and is in full and final settlement of

notice served upon the Carrier by the Brotherhood on or about February 5, 1951.

This agreement shall remain in effect until modified or changed in accordance with the

provisions of the Railway Labor Act, as amended.

Signed at Louisville, Kentucky, this 8th day of April, 1966.

Louisville and Nashville Railroad Company

W. S. Scholl

Director of Personnel

Brotherhood of Railway and Steamship Clerks,

Freight Handlers, Express and Station Employees

T. J. Dee

General Chairman

C. A. Card

General Secretary-Treasurer

C. V. Jewell

Assistant General Chairman

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ADDENDUM 7-A


This Memorandum of Agreement by and between The Louisville and Nashville Railroad

Company and the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers,

Express and Station Employees shall amend the Job Protection Agreement of February 7, 1965,

National Mediation Board Case No. A-7128, and the interpretations thereof.

ARTICLE 1 - PROTECTED EMPLOYEES

Section 1

(a) Employees who have six (6) or more years of continuous employment relationship in

the clerical craft and who are assigned to a regular position will become protected employees on

the effective date of this agreement.

(b) Employees having less than six (6) years of continuous employment relationship in the

clerical craft on the effective date of this agreement, and who are assigned to a regular position, will

become protected employees on the first of the month immediately following the month in which they

acquire six (6) years of continuous employment relationship in the clerical craft, unless they are not so

assigned on the date they are eligible to become protected employees, in which event they will acquire

such protection on the first of the month immediately following the month when recalled to service and

assigned to a regular position in accordance with existing rules.

(c) Employees having six (6) or more years of continuous employment relationship in the

clerical craft on the effective date of this agreement and who are not regularly assigned will

become protected employees on the first of the month immediately following the month when

recalled to service and assigned to a regular position in accordance with existing rules.

(d) Employees having less than six (6) years of continuous employment relationship in the

clerical craft on the effective date of this agreement and who are not regularly assigned will become

protected employees on the first of the month immediately following the month in which they

acquire six (6) years of continuous employment relationship in the clerical craft, unless they are

regularly assigned on the date they are eligible to become protected employees, in which event they

will acquire such protection on the first of the month immediately following the month when


(e) Employees hired on or after the effective date of this agreement, who acquire six (6)

years of continuous employment relationship in the clerical craft, unless they are not regularly

assigned on the date they are eligible to become protected employees, in which event they will

become protected employees on the first of the month immediately following the month when


NOTE: For the purposes of this Section 1, employees will be considered

"regularly assigned" if they are assigned to a guaranteed extra board on the date

they are eligible to become protected employees.

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Section 2

Seasonal employees, who had compensated service during each of the years 1979 and

1980, will be offered employment in future years at least equivalent to what they performed in

1980, unless or until retired, discharged for cause, or otherwise removed by natural attrition.

Section 3

In the event of a decline in a carrier's business in excess of 5% in the average percentage

of both gross operating revenue and new revenue ton miles in any 30-day period compared with

the average for the same period for the years 1978 and 1979, a reduction in forces in the crafts

represented by the organization signatory hereto may be made at any time during the said 30-day

period below the number of employees entitled to preservation of employment under this

Agreement to the extent of one percent for each one percent the said decline exceeds 5%. The

average percentage of decline shall be the total of the percent of decline in gross operating

revenue and percent of decline in net revenue ton miles divided by 2. Advance notice of any

such force reduction shall be given as required by the current Schedule Agreements of the

organizations signatory hereto. Upon restoration of a carrier's business following any such force

reduction, employees entitled to preservation of employment must be recalled in accordance with

the same formula within 15 calendar days.

Section 4

Notwithstanding other provisions of this Agreement, a carrier shall have the right to make

force reductions under emergency conditions, such as flood, snowstorm, hurricane, earthquake, fire or

strike, provided that operations are suspended in whole or in part and provided further that because of

such emergencies the work which would be performed by the incumbents of the positions to be

abolished or the work which would be performed by the employees involved in the force reductions

no longer exists or cannot be performed. When forces have been so reduced and thereafter operations

are restored, employees entitled to preservation of employment must be recalled upon the termination

of the emergency. In the event the carrier is required to make force reductions because of the

aforesaid emergency conditions, it is agreed that any decline in gross operating revenue and net

revenue ton miles resulting therefrom shall not be included in any computation of a decline in the

carrier's business pursuant to the provisions of Section 3 of this Article I.

Section 5

Nothing in this Agreement shall be construed as depriving employees eligible for benefits

hereunder of benefits provided under any other protective agreement; however, there will be no

duplication or pyramiding of benefits between this and other agreements. In instances where this

and other protective arrangements or agreements affect an employee, the Carrier will notify such

employees in writing of the options available with respect to the benefits of this Agreement or

other protective arrangements of agreements, and such employee will have fifteen (15) days

thereafter to signify in writing which protective agreement or arrangement will apply.

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ARTICLE II - USE AND ASSIGNMENT OF EMPLOYEES AND LOSS OF PROTECTION

Section 1

An employee shall cease to be a protected employee in case of resignation, death,

retirement, dismissal for cause in accordance with existing agreements, or he becomes eligible

for an annuity at age 65 under the Railroad Retirement Act. The protected status of an employee

who fails to obtain or retain a position available to him in the exercise of seniority rights and

which does not require a change in residence, or fails to accept employment as provided in this

Agreement which does not require a change of residence, or fails to respond to extra work when

called, will be suspended until such time as he obtains a regular position. Effective with the date

he occupies such a regular position, he will be restored to the status of a protected employee and

protected at the rate of the regular position occupied on the date his protected status is restored.

If an employee dismissed for cause is reinstated to service, he will be restored to the status of a

protected employee as of the date of his reinstatement.

Section 2

When a furloughed/unassigned protected employee is entitled to compensation under this

Agreement, he may be used in accordance with existing seniority rules for vacation relief, or sick

relief, or for any other temporary assignments within a thirty (3)0 mile radius of his headquarters

point, provided such assignment does not require the cross of craft lines except as specifically

provided for in this Agreement.

Section 3

Furloughed/unassigned employees who are entitled to protective benefits under this

Agreement may be offered, in reverse order of seniority, reasonably comparable employment in

another seniority district, another craft or class or which a carrier fully or partially owned by the

Carrier, when such employment does not require a change in residence, and for which he is physically

qualified, if such employment does not infringe upon the employment or transfer rights of the

employees in such other seniority district or craft or class, and the filling of the vacancy in the other

seniority district or craft or class would require the Carrier to hire a new employee.

Employees working in another craft or class shall continue to receive compensation due

protected employees under Article IV and will be allowed Holiday Pay, Sick Leave, Jury Duty,

Vacation, and Health and Welfare and Dental benefits due under the Clerks' Agreement when

such benefits are superior to those provided employees in the other craft or class.

Section 4

The Carrier may also train protected furloughed/unassigned employees for other

reasonably comparable employment or for employment in another craft or class for which he is

physically qualified. In such cases, the employee may be assigned to an on-the-job or classroom

training program, during hours designated by the Carrier, not to exceed eight (8) hours per day

(exclusive of lunch period, if assigned) five (5) days per week. Employees being trained will be

compensated at the protected rate or the training rare, whichever is higher, except no

compensation will be allowed for days the employee is voluntarily absent. After completion of

training, the employee must accept employment, which will not require a change in residence, in

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the craft or class or other craft or class for which he has sufficient fitness and ability.

Section 5

The protected status of a furloughed/unassigned employee who refuses to accept

employment in another class or craft or other employment as outlined above which does not

require a change in residence or who refuses or fails to exert a reasonable effort to complete the

training program, will be suspended until he is recalled to service and assigned to a regular

position in accordance with existing rules of the Clerks' Agreement at which time he will be

restored to the status of a protected employee and protected at the rate of the position occupied

on the date his protected status is restored.

NOTE: A "change in residence" as used in this Agreement shall only be

considered "required" if the reporting point of the affected employee would be

more than thirty (30) normal route miles from his point of employment at the time

affected.

ARTICLE III - IMPLEMENTING AGREEMENTS

Section 1

The Organization recognized the right of the Carrier to make technological, operational and

organizational changes, and in consideration of the protective benefits provided by this Agreement the

Carrier shall have the right to transfer work and/or transfer employees throughout the system which do

not require the crossing of craft lines except as otherwise provided in this Agreement. The Organization

signatory hereto shall enter into such implementing agreements with the Carrier as may be necessary to

provide for the transfer and use of employees and the allocation or rearrangement of forces made

necessary by the contemplated change. One of the purposes of such implementing agreements shall be

to provide a force adequate to meet the Carrier's requirements.

Section 2

Except as provided in Section 3 hereof, the Carrier shall give at least sixty (60) days' (ninety (90)

days in cases that will require a change of an employee's residence) written notice to the Organization of

any intended change or changes referred to in Section 1 of this Article whenever such intended change or

changes are of such a nature as to require an implementing agreement as provided in said Section 1.

Such notice shall contain a full and adequate statement of the proposed change or changes, including an

estimate of the number of employees that will be affected by the intended change or changes. Any

changes covered by such notice which is not made within a reasonable time following the service of the

notice, when all of the relevant circumstances are considered, shall not be made by the Carrier except

after again complying with the requirements of this Section 2.

Section 3

The Carrier shall give at least thirty (30) days' notice where it proposes to transfer no more than

five (5) employees across seniority district lines and the transfer of such employees will not require a

change in the place of residence of such employee or employees, such notice otherwise to comply with

Section 2 hereof.

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NOTE: In instances where Sections 1, 2 and 3 of this Article III contemplate an

implementing agreement, this Carrier will give appropriate notice to the General

Chairman, setting forth a full and adequate statement of the change or changes to be

effected. In the event the parties fail to reach an implementing agreement within the

prescribed time limits, the Carrier may proceed to effectuate the transaction and the

Organization will be privileged to refer the dispute to arbitration under Article VIII, and

as contemplated in Section 4 of this Article III.

Section 4

In the event the representatives of the Carrier and Organization fail to make an implementing

agreement within sixty (60) days after notice is given to the General Chairman representing the

employees to be affected by the contemplated change, or within thirty (30) days after notice where a

thirty (30) day notice is required pursuant to Section 3 hereof, the matter may be referred by either party

for final and binding resolution as provided in Article VIII. The issues submitted for determination shall

not include any questions as to the right of the Carrier to make the change but shall be confined to the

manner of implementing the contemplated change with respect to the transfer and use of employees, and

the allocation or rearrangement of forces made necessary by the contemplated change.

Section 5

The provisions of implementing agreements negotiated as hereinabove provided for with respect

to the transfer and use of employees and allocation or reassignment of forces shall enable the Carrier to

transfer such protected employees and rearrange forces, and such movements, allocations and

rearrangements of forces shall not constitute an infringement of rights of unprotected employees who

may be affected thereby.

Section 6

Protected employees required to change their place of residence as a result of transfers

covered by an implementing agreement shall have twenty (20) days from the date notified to

elect one of the options set forth below.

Protected employees with six (6) but less than eight (8) years of service may:

(i) Transfer and receive the moving expenses and transfer allowances

provided in Article VI;

(ii) Not transfer and voluntarily suspend the monetary protection provided in

Article IV until such time as he is again assigned to a permanent position.

(iii) Elect to take a separation allowance in the amount of $12,000.00 (which

amount shall be increased by subsequent wage adjustments, including COLA.)

Protected employees with eight (8) or more years of service may:

(i) Transfer and receive the moving expenses and transfer allowances provided in

Article VI;

(ii) Not transfer and voluntarily suspended the monetary protection provided in

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Article IV until such time as he is again assigned to a permanent position;

(iii) Elect to take a separation allowance in the amount of $22,300.00 (which amount

shall be increased by subsequent wage adjustments, including COLA.)

ARTICLE IV - COMPENSATION DUE PROTECTED EMPLOYEES

Section 1

Subject to the provisions of Section 3 of this Article IV, protected employees entitled to

preservation of employment who hold regularly assigned positions, including employees on Guaranteed

Extra Board, on January 1, 1981 shall not be placed in a worse position with respect to compensation

than the normal rate of compensation for said regularly assigned position on January 1, 1981, or their

current protected rate of pay established under the provisions of any other protective agreements,

whichever is higher; provided, however, that in addition thereto such compensation shall be adjusted to

include subsequent general wage increases and cost-of-living adjustments.

Section 2

Subject to the provisions of Section 3 of this Article IV, those employees who become protected

employees in accordance with the provisions of Sections 1(b), 1(c), 1(d) and 1(e) of Article I and entitled

to preservation of employment shall not be placed in a worse position with respect to compensation than

the normal rate of compensation of the regular position (adjusted to include subsequent general wage and

COLA adjustments) to which they are assigned on the date they become protected employees.

Section 3

Any protected employee who in the normal exercise of his seniority bids in a job or is bumped as

a result of such an employee exercising his seniority in the normal way by reason of a voluntary action,

will not be entitled to have his compensation preserved as provided in Sections 1 and 2 hereof, but will

be compensated at the rate of pay, and conditions of the job he bids in; provided, however, if he is

required to make a move or bid in a position under the terms of an implementing agreement made

pursuant to Article III hereof, he will continue to be paid in accordance with Section 1 and 2 of this

Article IV.

Section 4

If a protected employee fails to exercise his seniority rights to secure another available position,

which does not require a change in residence, to which he is entitled under the working agreement and

which carries a rate of pay and compensation exceeding those of the position he elects to retain, he shall

thereafter be treated for the purposes of this Article as occupying the position which he elects to decline.

Section 5

A protected employee shall not be entitled to the benefits of this Article during any period in

which he fails to work due to disability, discipline, leave of absence, military service, or other absence

from the Carrier's service, or during any period in which he occupies a position not subject to the

working agreement (except as provided for in Article II) or his protected status is suspended; not shall a

protected employee be entitled to the benefits of this Article IV during any period when furloughed

because of reduction in force resulting from seasonal requirements (including lay-offs during Miners'

- 90 -

Holiday and the Christmas Season) or because of reductions in forces pursuant to Article I, Sections 3

and 4; provided, however, that employees furloughed due to seasonal requirements shall not be

furloughed in any twelve (12) month period for a greater period than they were furloughed during the

twelve (12) months preceding the date of this Agreement.

Section 6 (Revised 9/15/82)

(a) There is hereby established a non-governmental plan for unemployment insurance

supplemental to the Railroad Unemployment Insurance Act, as now in effect or hereafter amended. It is

the purpose of this plan to supplement benefits payable under Railroad Unemployment Insurance Act

and not to replace or duplicate them. Therefore, during any period which an employee protected by this

Agreement is furloughed and benefits are payable to that employee under the Railroad Unemployment

Insurance Act, he will be paid a supplemental unemployment benefit to the extent that such benefit will

be the difference between benefits for which eligible under Railroad Unemployment Insurance Act and

what the employee would have been entitled under Article IV, Section 1 of this Agreement.

(b) Allowances under this Section 6 are not intended to be remuneration or compensation within

the meaning of the Railroad Unemployment Insurance Act.

Section 7

The Carrier will furnish an appropriate form to enable protected employees to file claim for

protective benefits. The form must be filed within sixty (60) days from the close of the month for which

protective benefits are claimed and, if the employee is entitled to the protective benefits claimed, such

claim will be allowed.

ARTICLE V - EXERCISE OF SENIORITY - CHANGE IN RESIDENCE

Section 1

A furloughed/unassigned protected employee shall not be required to transfer to a location

requiring a "change in residence" unless the Carrier has a bona fide need for his services on a permanent

basis at such location. Such bona fide need for services contemplates that the transfer be to a position

within the craft or class which has not and cannot be filled by employees who are not required to make a

change in residence and which would otherwise require the hiring of a new employee.

Section 2

Furloughed/unassigned protected employees requested to change their residences shall not be

again required to change their residence for a period of three (3) years.

Section 3

Transfers requiring a change in residence may be offered in inverse seniority order, until the

position is filled, to qualified furloughed/unassigned protected employees in the seniority district where

the vacancy exists and each such employee shall have twenty (20) days to elect one of the options set

forth below.

Protected employees with ten (10) or more years of service may:

- 91 -


Article VI;

(ii) Not transfer and voluntarily suspend the monetary protection provided by


(iii) Elect to take a separation allowance equivalent to three hundred and sixty

(360) days' pay at the rate of his last position.

Protected employees with eight (8) years of service but less than ten (10) years of

service may:


Article VI;



(iii) Accept separation pay, if offered by the Carrier, in the amount of $22,300.00

(which amount shall be increased by subsequent wage adjustments, including

COLA.)

Protected employees with less than eight (8) years of service may:


Article VI;


Article IV until such time as he is again assigned to a permanent position.

ARTICLE VI - MOVING EXPENSES

Protected employees required to transfer to a new point of employment requiring a change of

residence, such transfer and change of residence shall be subject to the benefits contained in Sections 10

and 11 of the Washington Agreement notwithstanding anything to the contrary contained in said

provisions and in addition to such benefits shall receive a transfer allowance of one thousand dollars

($1,000.00) and five (5) working days instead of the "two working days" provided by Section 10(a) of

said Agreement.

ARTICLE VII - APPLICATION TO MERGERS, CONSOLIDATIONS & OTHER AGREEMENTS

Section 1

Any merger agreement now in effect applicable to merger of two or more carriers, or any job

protection or employment security agreement which by its terms is of general systemwide and continuing

application or which is not of general systemwide application but which by its terms would apply in the

future, may be preserved by the employee representatives so notifying the Carrier within sixty (60) days

from the date of this Agreement, and in that event this Agreement shall not apply on that Carrier to

employees represented by such representatives.

- 92 -

Section 2

In the event of merger or consolidation of two or more carriers, parties to this Agreement

on which this Agreement is applicable, or parts thereof, into a single system subsequent to the

date of this Agreement, the merged, surviving or consolidated carrier will constitute a single

system for purposes of this Agreement, and the provisions hereof shall apply accordingly, and the

protections and benefits granted to employees under this Agreement shall continue in effect.

Section 3

Without in any way modifying or diminishing the protection, benefits or other provisions

of this Agreement, it is understood that in the event of a coordination between two or more

carriers as the term "coordination" is defined in the Washington Job Protection Agreement, said

Washington Agreement will be applicable to such coordination, except that Section 13 of the

Washington Job Protection Agreement is abrogated and the disputes provisions and procedures

of this Agreement are substituted therefor.

Section 4

Where prior to the date of this Agreement the Washington Job Protection Agreement (or

other agreements of similar type whether applying inter-carrier or intra-carrier) has been applied

to a transaction, coordination allowances and displacement allowance (or their equivalents or

counterparts, if other descriptive terms are applicable on a particular railroad) shall be unaffected

by this Agreement either as to amount or duration, and allowances payable under the said

Washington Agreement or similar agreements shall not be considered compensation for purposes

of determining the compensation due a protected employee under this Agreement.

ARTICLE VIII - DISPUTES PROCEDURE

In the event of any dispute or controversy arises between the Carrier and the Organization

parties hereto as to the interpretation or application of any of the provisions of this Agreement

(except as otherwise provided in Section II of the Washington Job Protection Agreement of

1936) which cannot be settled by agreement between the highest officer designated by the Carrier

to handle such matters and the General Chairman, such dispute may be processed by either party

to an arbitration board as hereinafter provided, at any time within one (1) year after the date of

deadlock. The time limits provided in this Article VIII may be extended by mutual written

agreement between the parties.

Within twenty (20) days following the date either party serves notice of arbitration upon

the other party, the parties shall designate their respective members of the arbitration board and

the designated partisan members shall promptly meet and attempt to agree upon a third or neutral

member of the arbitration board. If agreement is reached and the neutral party agreed upon will

serve, the arbitration board shall be properly constituted.

In the event either party fails to designate its partisan member of the arbitration board

within ten (10) days following the initial notice to arbitrate, the General Chairman (in the case of

inaction on the part of the Organization) or the Director of Labor Relations (in the case of the

Carrier's failure to act) shall be deemed to be the partisan member of the arbitration board. In the

- 93 -

event the partisan members fail to agree upon the third or neutral member of the arbitration board

within twenty (20) days, the party serving the initial notice to arbitrate may request the National

Medical Board to appoint the third or neutral member of such board and when the neutral

member is so appointed, the arbitration board shall be properly constituted.

The neutral member agreed upon by the partisan members or appointed by the National

Mediation Board shall act as the chairman of the arbitration board with full voice, vote, and

authority accorded to the partisan members.

The arbitration board shall meet within thirty (30) days following the date of appointment

of the third and neutral member and shall proceed to investigate such dispute and render its

award which shall be final and binding on the parties. In the case of failure or refusal of either

partisan member to act or participate, the other two members of such board shall be competent to

hear and investigate the dispute and to render a binding award.

The costs and reasonable expenses of the arbitration board, except the salaries and

expenses of the partisan members, not assumed by the National Medication Board, shall be

assumed equally by the parties.

ARTICLE IX - GENERAL

Section 1

It is understood and agreed that where a section of this Agreement is identical to a section

of the February 7, 1965 Job Stabilization Agreement, any interpretations relating to such

identical sections entered into between the parties signatory to said February 7, 1965 Agreement

shall be applicable.

Section 2

Where a section of this Agreement is contrary to any provisions of the General Clerks'

Agreement between the parties, the provisions of this Agreement will supersede the provisions of

the General Clerks' Agreement, and the provisions of this Agreement shall be binding.

Section 3

The parties to this Agreement shall not serve or process prior to January 1, 1984, any

notice or proposal for the purpose of changing the provisions of this memorandum of agreement;

however, this will not bar the parties from agreeing on subject matters of mutual interest.

This Agreement shall become effective on May 22, 1981, except as provided in the letter

agreement attached hereto.

Signed at Louisville, Kentucky, this 22nd day of May, 1981.

- 94 -

ADDENDUM 7-B

MEMORANDUM OF UNDERSTANDING

Washington, D.C.

February 7, 1965

The following will confirm the understanding we had in connection with the agreement signed today.

If, subsequent to the effect date of the Protective Agreement, i.e. October 1, 1964, officials,

supervisory or fully excepted personnel exercise seniority rights in a craft or class of employees protected

under said Agreement, then, during the period such seniority is exercised, such officials, supervisory or

fully excepted personnel shall be entitled to the same protection afforded by the said Agreements to

employees in the craft or class in which such seniority is exercised, and no employee subject to said

Agreement shall be deprived of employment or adversely affected with respect to compensation, rules,

working conditions, fringe benefits, or rights and privileges pertaining thereto, by the return of the

official, supervisory, or fully excepted employee to work under the schedule agreement.

If this is in accord with the understanding reached, please signify by signing in the lower left

hand corner of this letter.

NOTE: The above understanding remains in full force and effect in the application of

the Stabilization Agreement effective July 1, 1981.

SECTIONS 9-10-11

AGREEMENT MAY 1936, WASHINGTON D. C.

(WASHINGTON AGREEMENT)

Section 9

Any employee eligible to receive a coordination allowance under Section 7 hereof may, at his

option at the time of coordination, resign and (in lieu of all other benefits and protections provided in

this agreement) accept in a lump sum a separation allowance determined in accordance with the

following schedule:

Separation

Length of Service Allowance

1 year & less than 2 years 3 months' pay

2 years & less than 3 years 6 months' pay




15 years and over 12 months' pay

In the case of employees with less than one year's service, five days' pay, at the rate of the

position last occupied, for each month in which they perform service will be paid as the lump sum.

- 95 -

(a) Length of service shall be computed as provided in Section 7.

(b) One month's pay shall be computed by multiplying by 230 the daily rate of pay received

by the employee in the position last occupied prior to time of coordination.

Section 10

(a) Any employee who is retained in the service of any carrier involved in a particular

coordination (or who is later restored to service from the group of employees entitled to receive a

coordination allowance) who is required to change the point of his employment as result of such

coordination and is therefore required to move his place of residence, shall be reimbursed for all

expenses of moving his household and other personal effects and for the traveling expenses of himself

and members of his family, including living expenses for himself and his family and his own actual

wage loss during the time necessary for such transfer, and for a reasonable time thereafter, (not to

exceed two working days), used in securing a place of residence in his new location. The exact extent

of the responsibility of the carrier under this provision and the ways and means of transportation shall

be agreed upon in advance between the carrier responsible and the organization of the employee

affected. No claim for expenses under this Section shall be allowed unless they are incurred within

three years from the date of coordination and the claim must be submitted within ninety (90) days after

the expenses are incurred.

(b) If any such employee is furloughed within three years after changing his point of

employment as a result of coordination and elects to move his place of residence back to his original

point of employment, the carrier shall assume the expense of moving his household and other personal

effects under the conditions imposed in paragraph (a) of this section.

(c) Except to the extent provided in paragraph (b) changes in place of residence subsequent to

the initial changes caused by coordination and which grow out of the normal exercise of seniority in

accordance with working agreements are not comprehended within the provisions of this section.

Section 11

The following provisions shall apply to the extent they are applicable in each instance, to any

employee who is retained in the service of any of the carriers involved in a particular coordination (or

who is later restored to such service from the group of employees entitled to receive a coordination

allowance) who is required to change the point of his employment as a result of such coordination and

is therefore required to move his place of residence:

1. If the employee owns his own home in the locality from which he is required to

move, he shall at his option be reimbursed by his employing carrier for any

loss suffered in the sale of his home for less than its fair value. In each case

the fair value of the home in question shall be determined as of a date

sufficiently prior to the coordination to be unaffected thereby. The employing

carrier shall in each instance be afforded an opportunity to purchase the home

at such fair value before it is sold by the employee to any other party.

- 96 -

2. If the employee is under a contract to purchase his home, the employing carrier

shall protect him against loss to the extent of the fair value of any equity he

may have in the home and in addition shall relieve him from any further

obligations under his contract.

3. If the employee holds an unexpired lease of a dwelling occupied by him as his

home, the employing carrier shall protect him from all loss and cost in

securing the cancellation of his said lease.

(b) Changes in place of residence subsequent to the initial change caused by coordination and

which grow out of the normal exercise of seniority in accordance with working agreements are not

comprehended within the provisions of this Section.

(c) No claim for loss shall be paid under the provisions of this section which is not presented

within three years after the effective date of the coordination.

(d) Should a controversy arise in respect to the value of the home, the loss sustained in its

sale, the loss under a contract for purchase, loss and cost in securing termination of lease, or any other

question in connection with these matters, it shall be decided through joint conference between the

representatives of the employees and the carrier on whose line the controversy arises and in the event

they are unable to agree, the dispute may be referred by either party to a board of three competent real

estate appraisers, selected in the following manner: One to be selected by the representatives of the

employees and the carrier, respectively; these two shall endeavor by agreement within ten days after

appointment to select the third appraiser, or to select some person authorized to name the third

appraiser, and in the event of failure to agree then the Chairman of the Interstate Commerce

Commission shall be requested to appoint the third appraiser. A decision of a majority of the

appraisers shall be required and said decision shall be final and conclusive. The salary and expenses

of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally

by the parties to the proceedings. All other expenses shall be paid by the party incurring them,

including the salary of the appraiser selected by such party.

- 97 -

ARTICLE VIII OF FEBRUARY 25, 1971

NATIONAL AGREEMENT

Section 6

On and after the date rosters are combined under Section 1 of this Article employees on such rosters

adversely affected either directly or indirectly as a result of job abolishments resulting from the

application of Section 3 of this Article shall receive the protection afforded by Sections 6, 7, 8 and 9 of

the Washington Job Protection Agreement of May 1936, except that for the purpose of this Agreement,

Section 7 is amended to read 100% (less earnings in outside employment) instead of 60% and extended

to provide period of payment equivalent to length of service not to exceed 5 years, and to provide further

that allowances in Section 6 and 7 be increased by subsequent general wage increases.

Section 7

On and after the date rosters are combined under Section 1 of this Agreement employees on such rosters

adversely affected either directly or indirectly as a result of job abolishments resulting from the

application of Section 3 of this Article who are thereby required to change their residence shall be subject

to the benefits contained in Sections 10 and 11 of the Washington Job Protection agreement and in

addition to such benefits shall receive a transfer allowance of four hundred dollars ($400.00) and five (5)

working days instead of the "two working days" provided by Section 10(a) of said agreement. Under this

Section, change of residence shall not be considered "required" if the reporting point to which the

employee is changed is not more than 30 miles from his former reporting point.

Section 8

If any protective benefits greater than those provided for in Sections 6 and 7 are available under existing

agreements, such greater benefits shall apply subject to the terms and obligations of both the carrier and

employee under such agreements, in lieu of the benefits provided in Sections 6 and 7 above.

Section 9

If a Carrier combines work and/or functions performed by clerks and telegraphers prior to the date

seniority rosters are combined, with the purpose or effect of depriving an employee of benefits provided

for under Section 6 and 7 of this Article, the benefits of section 6 and 7 of this Article shall apply to the

employee as of the date when he is affected by such combination, provided seniority rosters are

combined under this Article VIII.

Section 10

If seniority rosters are combined under Section 1(a) or 1(b) of this Article, extra Board Rules in the rules

agreement of each craft will continue to be applied separately to each respective craft and new employees

hired for service thereon, in accordance with said agreements, whose names are placed on the combined

seniority roster, will be restricted to performing relief service only in the craft and on the extra board for

which employed until such time as he is assigned to a regular position.

Section 11

Training for a period not to exceed 10 days, during regular hours, will be provided for employees

(accepted senior applicants) initially entitled to and making application for combined positions including

those referred to in Section 5 of this Article, fully covered by the Rules Agreement, at the carrier's

expense, and without loss in compensation to the employees at the rate of the position held at the time

training begins or during training.

- 98 -

ADDENDUM 8

SENIORITY ROSTERS – RULE 6

Location District Description Atlanta ATL1 ISR – Administrative ATL2 ISW – Gate/Lift/Tie-Down Baltimore BLT1 ISR – Administrative Charleston CHS1 ISR – Administrative CHS2 ISW – Gate/Lift/Tie-Down Charlotte CHRX Intermodal Service Representative Chicago CHG1 ISR – Administrative CHG2 ISW – Gate CHG3 ISW – Tie-down Cincinnati CIN1 ISR – Administrative Evansville EVNX Intermodal Service Representative Jacksonville JAX1 ISR – Administrative JAX2 ISW – Gate/Lift/Tie-Down Kingsport KNGX Intermodal Service Representative Little Ferry LFR1 ISR – Administrative Long Beach LBC1 ISR – Administrative Memphis MPH1 ISR – Johnston Administrative MPH2 ISW – Leewood Gate/Lift/Tie-Down Mobile MOBX Intermodal Service Representative Nashville NSH1 ISR – Administrative NSH2 ISW – Gate/Lift/Tie-Down New Orleans NOR1 ISR – Administrative NOR2 ISW – Gate/Lift/Tie-Down Oakland OAK1 ISR – Administrative Orlando ORL1 ISR – Administrative ORL2 ISW – Gate/Lift/Tie-Down Philadelphia PHL1 ISR – Administrative Portsmouth PRTX Intermodal Service Representative Savannah SAVX Intermodal Service Representative Tacoma TAC1 ISR - Administrative Tampa TMP1 ISR – Administrative TMP2 ISW – Gate/Lift/Tie-Down

- 99 -

ADDENDUM 9

THE FAMILY LINES RAIL SYSTEM

PERSONNEL -

LABOR RELATIONS DEPARTMENT

500 Water Street

Jacksonville, Florida 32202

May 22, 1981

Mr. L. E. Bosher, General Chairman

Brotherhood of Railway, Airline

& Steamship Clerks

5885 Richard Street


Dear Mr. Bosher:

This has referenced to Agreement executed this date disposing of the Organization's

Section 6 notice dated December 15, 1977.

As agreed, in the application of Rule 11, time allowed in which to qualify, it is

understood and agreed that employees bidding for positions or exercising displacement rights

will be allowed reasonable and necessary time to qualify with pay at the rate of the position not

to exceed thirty (30) working days subject to the provisions of Rule 10 and 11.

NOTE: An employee who has been disqualified on a position will not be again assigned

to or allowed to displace on this position or a similar position unless he can demonstrate to

Carrier representatives he has improved his skills to do such type of work.

If the foregoing correctly reflects our understanding, please so indicate in the space

provided below.

Yours very truly,

John M. Sale

Director of Labor Relations

ACCEPTED:

L. E. Bosher, General Chairman

Brotherhood of Railway, Airline

& Steamship Clerks

- 100 -

ADDENDUM 11-A

STANDARD FORM OF SENIORITY ROSTER REQUIRED BY RULE 7

SENIORITY ROSTER AS OF JANUARY 1, 19

DISTRICT NO.

DATE POSTED 19

ID. NAME OF SENIORITY

NO. NO. EMPLOYEE POSITION LOCATION RATE DATE

1 2 3 4 5 6 7

1. 84928 John Smith Yard Clerk Boylers $18.02 Sept. 1, 1918

2. 79211 William Jones Yard Clerk Boylers $18.04 Sept. 1, 1918

3. 78021 Joseph Brown Rate Clerk Boylers $19.25 Oct. 1, 1920

4. 82101 R. P. Jones Leave/Absence Nov. 21, 1921

5. 77719 O. Tapper Armed Forces Dec. 1, 1922

6. 82827 T. A. Rayan Chief Clerk Boylers $20.04 Dec. 15, 1922

7. 88882 O. R. White Official Dec. 18, 1922

8. 82828 W. R. White P.O.F. Jan. 9, 1923

9. 77909 B. P. Mackey Active Extra Board Feb. 1, 1925

10. 84929 R. P. Thomas Active Extra Bond Feb. 2, 1925

11. 84443 G. C. Jones Inactive List Apr. 9, 1927

SIGNED

(Officer in Charge)

Copy to District Chairman (by name)

- 101 -

ADDENDUM 11-B

STANDARD FORM OF BULLETIN

REQUIRED UNDER RULE 9

ADVERTISING A POSITION

BULLETIN BOARD NOTICE

Bulletin No. 1

District No. IM10

Date ________, 19___.

TO EMPLOYEES CONCERNED:

The following position is hereby advertised for bids in accordance with Rule 9. Bids

must be prepared in triplicate, as named in Rule 9, and forwarded in triplicate so as to reach the

undersigned by Noon 19 .

Title Intermodal Service Representative

Location _________________ Terminal

Rate of pay per day

Hours of assignment 3 p.m. to 11 p.m.

Assigned meal period

Days of assignment Monday through Friday

Rest Days Saturday and Sunday

Vacated by Sam White

Account of Award No. _____________, etc.

Description of duties Duties normally assigned to ISRs.

(Signed)

(Officer in Charge)

Copy to District Chairman, TCU (by name)

- 102 -

ADDENDUM 11-B



BULLETINING A RELIEF POSITION

(4 DAYS A WEEK)


Bulletin No. 2

District No. IM10

Date: __________, 19_____.


The following position is hereby advertised for bids in accordance with Rule 9. Bids

must be prepared in triplicate, as named in Rule 9, and forwarded in triplicate so as to reach the

undersigned by Noon 19 .

Title Relief Intermodal Service Rep.

Headquarters Location Little Ferry, NJ

Days of Weekly Assignment Friday through Tuesday

Days off duty each week Wednesday and Thursday

This job relieves four days each week and is used on the additional day as named below:

POSITION &

DAY NAME OF EMPLOYEE HOURS RATE

Fri. & Sat. ISRR001 (Smith, T.) 7 AM to 3 PM $95.00

Sun. & Mon. ISRR004 (Miller, J.) 3 PM to 11 PM $95.00

Tues. ISRR005 (Sanchez, V.) 11 PM to 7 AM $95.00

(Meal period to be named in the bulletin if one assigned for the fifth day. The fifth day may be

any day each week and the same hours each week.)

Vacated by...................Sam White or new position

Account of...................Award No. , etc.

(Signed)

(Officer in Charge)


- 103 -

ADDENDUM 11-B



BULLETINING A RELIEF POSITION

(5 DAYS A WEEK)


Bulletin No. 3

District No. IM10

Date: __________, 19_____.


The following position is hereby advertised for bids in accordance with Rule 9. Bids must

be prepared in triplicate and forwarded so as to reach the undersigned by Noon

19 .

Title Relief Intermodal Service Rep.

Headquarters Location Little Ferry, NJ

Days of Weekly Assignment Friday through Tuesday

Days off duty each week Wednesday & Thursday

This job relieves five days a week in the position named below:

POSITION &

DAY NAME OF EMPLOYEE HOURS RATE

Fri. & Sat. ISRR002 (Morgan, A..) 7 AM to 3 PM $95.00

Sun.& Mon. ISRR004 (Miller, J.) 3 PM to 11 PM $95.00

Tues. ISRR005 (Sanchez, V.) 3 PM to 11 PM $95.00

Vacated by...................Sam White (or new position)

Account of...................Award No.


- 104 -

ADDENDUM 11-B


REQUIRED WITH RULE 9

ADVERTISING AWARDED POSITION


Bulletin No. 4

District No. IM10

Date __________, 19_____.


The following position which was advertised under my Bulletin

No. ___________________, dated ______________, 19__________.

Title of Position ______________________________________________

Has been awarded to ______________________________________________

Whose former position was ______________________________________________

(Signed)

(Officer in Charge)

Copy to employee to whom award was made (name him)


- 105 -

ADDENDUM 11-B



ABOLISHMENT OF POSITION


Bulletin No. 5

District No. IM10

Date __________, 19_____.


The following position will be abolished at end of assignment.

Date:

Title of Position: Intermodal Service Rep.

Location: Little Ferry, NJ

Rate of Pay: $95.00 per day.

Occupied By: Sam White

(Signed)

(Officer in Charge)

Copy to Concerned employee (by name)


NOTE: All bulletins advertising or abolishing positions will be sent out from the

issuing office in time to reasonably assure the bulletins being posted for the full

prescribed period.

- 106 -

ADDENDUM 11-B



CHANGED STARTING TIMES


Bulletin No. 6

District No. IM10

Date: __________, 19_____.


Notice of change in starting time to become effective at A.M. or P.M., on

__________________, 19 .

Title of Position: Intermodal Service Rep.

Occupied By:

Previously assigned hours: A.M./P.M. to A.M./P.M.

Newly assigned hours: A.M./P.M. to A.M./P.M.

Meal period, if changed ________________________________________

Copy to Employee whose starting time changed (by name)


- 107 -

ADDENDUM 11-B



CHANGED REST DAYS


Bulletin No. 7

District No. IM10

Date __________, 19_____.


Notice of change in assigned rest days to be come effective _______(date)__________

Title of Position Intermodal Service Rep.

Occupied By: Sam White

Previously Assigned:

Work Days Mon. Through Fri.

Rest Days Sat. and Sun.

Newly Assigned

Work Days Tues. Through Sat.

Rest Days Sun. And Mon.

(Signed)

(Officer in Charge)

Copy to Employee above named (by name)


- 108 -

ADDENDUM 11-B



LEAVE OF ABSENCE NOTICE


Bulletin No. 8

District No. IM10

Date __________, 19_____.


A leave of absence has been granted to:

Name:

Title Position Held:

Effective date of leave:

Expiration date of leave:

Permission to engage in outside employment granted: (Yes/No)

(Signed)

(Officer in Charge)

Copy to Concerned employee granted leave of absence


- 109 -

ADDENDUM 11-C

STANDARD FORM OF APPLICATION

OR BID FOR BULLETINED POSITION

AS REQUIRED UNDER RULE 9:

_______________________

(Month) (Day) (Year)

TO: (Officer signing the bulletin)

I hereby file in triplicate application for position of Intermodal Service Representative

covered by your bulletin number ___________________ dated _______________, 19________.

My seniority on current roster of District IM10 is number (show your number on the

roster and seniority date as shown on roster).

I am present regularly assigned to the position of .

__________________________________

Signature of bidder)

ID No. _______________

- 110 -


AGREEMENT

THIS AGREEMENT, by and between CSX/SEALAND TERMINALS, INC. (“CSTI” or “the

company”), and its employees represented by the TRANSPORTATION COMMUNICATIONS

INTERNATIONAL UNION (“TCU” or “the organization”) is made this 6th day of December 1996.

IT IS AGREED:

ARTICLE I - WAGES

Section I - First General Wage Increase

On December 1, 1995, all daily rates of pay in effect on the preceding day for employees covered

by this Agreement shall be increased in the amount of three-and-one-half (3-1/2) percent. The

increase provided for in this Section 1 shall be applied as follows:

(a) Disposition of Fractions

Rates of pay resulting from application of the increase which end in fractions of a cent

shall be rounded to the nearest whole cent, fractions less than one-half cent shall be

dropped, and fractions of one-half cent or more shall be increased to the nearest full cent.

(b) Application of Wage Increases

The increase in wages provided for in this Section 1 shall be applied in accordance with

the wage or working conditions agreement in effect between the company and the

organization. Special allowances not included in fixed hourly, daily, weekly or monthly

rates of pay for all services rendered, and arbitraries representing duplicate time

payments, will not be increased. overtime hours will be computed in accordance with

individual schedules for all overtime hours paid for.

Section 2 - Signing Bonus

Subject to Sections 8 and 9, each employee with 2,000 or more straight time hours paid for

(including vacations, holidays, paid sick leave and guarantees in protective agreements or

arrangements) during the period January 1, 1995 through December 31, 1995 will be paid, upon

ratification of this Agreement, a Signing Bonus of four hundred dollars ($500.00).

Section 3 - Second General Wage Increase

Effective July 1, 1996, all daily rates of pay in effect on June 30, 1996 for employees covered by

this Agreement shall be increased in the amount of two (2) percent. The increase provided for in

this Section 3 shall be applied in the same manner as provided for in Section 1 hereof.

- 111 -

Section 4 - Third General Wage Increase

Effective July 1, 1997, all daily rates of pay in effect on June 30, 1997 for employees covered by this

Agreement shall be increased in the amount of three-and-one-half (3-1/2) percent. The increase

provided for in this Section 4 shall be applied in the same manner as provided for in Section 1 hereof.

Section 5 - Fourth General Wage Increase


this Agreement shall be increased in the amount of two (2) percent. The increase provided for in

this Section 5 shall he applied in the same manner as provided for in Section 1 hereof.

Section 6 - Fifth General Wage Increase

Effective July 1, 1999, all daily rates of pay in effect on June 30, 1999 for employees covered by this

Agreement shall be increased in the amount of three-and-one-half (3-1/2) percent. The increase


Section 7 - Eligibility for Receipt of Signing Bonus

The Signing Bonus provided for in this Article shall be paid to each employee subject to this

Agreement who has an employment relationship as of the date such payment is payable, or has retired

or died subsequent to the beginning of the applicable calendar year used to determine the amount of

such payment. There shall be no duplication of the Signing Bonus by virtue of employment under

another agreement nor will such payment be used to offset, construct or increase guarantees in

protective agreements or arrangements.

Section 8 - Employees Working Less Than Full-Time

For employees who have fewer straight time hours (as defined) paid for in the period described in

Section 2 than the minimum number set forth therein, the dollar amount of the Signing Bonus specified

in Section 2 shall be adjusted by multiplying such amount by the number of straight time hours

(including vacations, holidays, paid sick leave and guarantees in protective agreements or arrangements)

for which the employee was paid during such period divided by the defined minimum hours.

Section 9 - Signing Bonus Proration

In the case of any employee subject to wage progression or entry rates, the dollar amount of the

Signing Bonus specified in Section 2 shall be adjusted by multiplying such amount by the

weighted average entry rate percentage applicable to wages earned during the specified

determination period.

- 112 -

ARTICLE II - COST-OF-LIVING PAYMENTS

Part A - Cost-of-Living Allowance Through June 30, 2000 and Effective Date of

Adjustment

(a) A cost-of-living allowance, calculated and applied in accordance with the provisions of

Part B of this Article, except as otherwise provided in this Part, shall be payable and

rolled in to basic rates of pay on July 1, 2000.

(b) The measurement periods shall be as follows:

Measurement Periods

Effective Date

Base Month Measurement Month of Adjustment

March 1995 March 1996

plus July 1, 2000

March 1997 March 1998

The number of points change in the CPI during each of these measurement

periods shall be added together before making the calculation described in Part B,

Section 1(e) of this Article.

(c) (i) Floor. The minimum increase in the CPI that shall be taken into account shall be

as follows:

Effective Date Minimum CPI increase That

of Adjustment Shall Be Taken into Account

July 1, 2000 4% of March 1995 CPI

plus

4% of March 1997 CPI

(ii) Cap. The maximum increase in the CPI that shall be taken into account shall be

as follows:

Effective Date Minimum CPI increase That

of Adjustment Shall Be Taken into Account

July 1, 2000 6% of March 1995 CPI

plus

6% of March 1997 CPI

Part B - Cost-of-Living Allowance and Adjustments Thereto After July 1, 2000

Section I - Cost-of-Living Allowance and Effective Dates of Adjustments

(a) A cost-of -living allowance shall be payable in the manner set forth in and subject to the

provisions of this Part, on the basis of the "Consumer Price Index for Urban Wage Earners and

Clerical Workers (Revised Series) (CPI-W)” (1967=100) , U.S. Index, all items - unadjusted,

as published by the Bureau of Labor Statistics, U.S. Department of Labor, and hereinafter

- 113 -

referred to as the CPI. The first such cost-of-living allowance shall be payable effective

January 1, 2001 based, subject to paragraph (d), on the CPI for March 2000 as compared with

the CPI for September 1999 plus the CPI for September 2000 as compared with the CPI for

March 2000. Such allowance, and further cost-of-living adjustments thereto which shall

become effective as described below, shall be based on the change in the CPI during the

respective measurement periods shown in the following table, subject to the exception

provided in paragraph (d) (iii) according to the formula set forth in paragraph (e).

Effective Date

Measurement Periods Measurement Month of Adjustment

Base Month

September 1999 March 2000*

plus

March 2000 September 2000* January 1, 2001

September 2000 March 2001 July 1, 2001

* The calculation described in Section I (e) of this Section shall be made individually for each of these measurement periods and the resulting cents added together for the January 1, 2001 adjustment.

Measurement Periods and Effective Dates conforming to the above schedule shall be applicable to periods subsequent to those specified above during which this Article is in effect.

(b) While a cost-of-living allowance is in effect, such cost-of-living allowance shall apply to

straight time, overtime, protected rates, vacations, holidays and personal leave days in the

same manner as basic wage adjustments have been applied in the past, except that such

allowance shall not apply to special allowances and arbitraries representing duplicate time

payments.

(c) The amount of the cost-of-living allowance, if any, that shall be effective from one adjustment

date to the next may be equal to, or greater or less than, the cost-of-living allowance in effect in

the preceding adjustment period.

(d) (i) Cap In calculations under paragraph (e), the maximum increase in the CPI that shall

be taken into account shall be as follows:

Effective Date Maximum CPI Increase That

of Adjustment May Be Taken Into Account

January 1, 2001 6% of September 1999 CPI,

less the increase from

September 1999 to March 2000

July 1, 2001 3% of September 2000 CPI

- 114 -

Effective Dates of Adjustment and Maximum CPI Increases conforming to the above

schedule shall be applicable to periods subsequent to those specified above during

which this Article is in effect.

(ii) Limitation. In calculations under paragraph (e), only fifty (50) percent of the increase in

the CPI in any measurement period shall be considered.

(iii)If the increase in the CPI from the base month of September 1999 to the

measurement month of March 2000 exceeds 3% of the September 1999 base

index, the measurement period that shall be used for determining the cost-of-

living adjustment to be effective the following January shall be the 12-month

period from such base month of September; the increase in the index that shall

be taken into account shall be limited to that portion of the increase that is in

excess of 3% of such September base index; and the maximum increase in that

portion of the index that may be taken into account shall be 6i of such

September base index less the 3% mentioned in the preceding clause, to which

shall be added any residual tenths of points which had been dropped under

paragraph (e) below in calculation of the cost-of -living adjustment based on

the increase in the CPI from the base month of September 1999 to the

measurement month of March 2000.

(iv) Any increase in the CPI from the base month of September 1999 to the measurement month

of September 2000 in excess of 6% of the September 1999 base index shall not be taken into

account in the determination of subsequent cost-of -living adjustments.

(v) The procedure specified in subparagraphs (iii) and (iv) shall be applicable to all subsequent

periods during which this Article is in effect.

(e) Formula. The number of points change in the CPI during a measurement period, as limited by

paragraph (d), shall be converted into cents on the basis of one cent equals 0.3 full points. (By

“0.3 full points" it is intended that any remainder of 0.1 point or 0.2 point of change after the

conversion shall not be counted.)

The cost-of-living allowance in effect on June 30, 2001 shall be adjusted (increased or

decreased) effective July 1, 2001 by the whole number of cents produced by dividing by 0.3

the number of points (including tenths of points) change, as limited by paragraph (d), in the

CPI during the applicable measurement period. Any residual tenths of a point resulting from

such division shall be dropped. The result of such division shall be added to the amount of the

cost-of-living allowance in effect on June 30, 2001 if the CPI shall have been higher at the end

than at the beginning of the measurement period, and subtracted therefrom only if the index

shall have been lower at the end than at the beginning of the measurement period and then,

only to the extent that the allowance remains at zero or above. The same procedure shall be

followed in applying subsequent adjustments.

- 115 -

(f) Continuance of the cost-of -living allowance and the adjustments thereto provided herein is

dependent upon the availability of the official monthly BLS Consumer Price Index (CPI-W)

calculated on the same basis as such Index, except that, if the Bureau of Labor Statistics, U.S.

Department of Labor should, during the effective period of this Article, revise or change the

methods or basic data used in calculating such Index in such a way as to affect the direct

comparability of such revised or changed index with the CPI-W during a measurement period,

then that Bureau shall be requested to furnish a conversion factor designed to adjust the newly

revised index to the basis of the CPI-W during such measurement period.

Section 2 - Payment of Cost-of -Living Allowances

(a) The cost-of-living allowance payable to each employee effective January 1, 2001 pursuant to

Section 1 of this Part shall be payable to each employee commencing on that date.

(b) The increase in the cost-of-living allowance payable to each employee effective July 1, 2001

pursuant to Section 1 of this Part shall be payable to each employee commencing on that date.

(c) The increase in the cost-of-living allowance payable to each employee effective January 1,

2002 pursuant to Section 1 of this Part shall be payable to each employee commencing on that

date.

(d) The procedure specified in paragraphs (b) and (c) shall be followed with respect to

computation of the cost-of-living allowances payable in subsequent years during which this

Article is in effect.

(e) In making calculations under this Section, fractions of a cent shall be rounded to the nearest

whole cent, fractions less than one-half cent shall be dropped and fractions of one-half cent or

more shall be increased to the nearest full cent.

Section 3 - Application of Cost-of -Living Allowances

The cost-of -living allowance provided for by Section 1 of this Part B will be payable as provided in

Section 2 and will not become part of basic rates of pay. Such allowance and the adjustments thereto

will be applied as follows:

(a) Daily Rates - Determine the equivalent hourly rate by dividing the established daily rate

by the number of hours comprehended by the daily rate. The amount of the cost-of-living

allowance multiplied by the number of hours comprehended by the daily rate shall be

added to the daily rate produced by application of Article I.

(b) Minimum Daily Increases - The increase in rates of pay described in paragraph (a) shall

be not less than eight times the applicable increase per hour for each full time day of eight

hours, required to be paid for by the rules agreement. In instances where under the

existing rules agreement an employee is worked less than eight hours per day, the

increase will be determined by the number of hours required to be paid for by the rules

agreement.

- 116 -

(c) Application of Wage Increases - The increases in wages produced by application of the

cost-of-living allowances shall be computed in accordance with the wage or working

conditions agreement in effect between the company and its employees represented by

TCU, and in instances where fixed daily rates are paid for all services rendered, the cost-

of-living allowances shall be applied in such manner as will give effect to the number of

hours used in fixing said rates and to the equivalent hours for special allowances included

in said rates. Special allowances not included in said rates and arbitraries representing

duplicate time payments will not be increased.

Section 4 - Continuation of Part B

The arrangements set forth in Part B of this Article shall remain in effect according to the terms

thereof until revised by the parties pursuant to the Railway Labor Act.

ARTICLE III - DENTAL BENEFITS

Section 1 - Continuation of Plan

The benefits now provided under the Dental Plan provided by the company (“Dental Plan”),

modified as provided in Section 2 below, will be continued, subject to modification under

provisions of the Railway Labor Act, as amended.

Section 2 - Benefit Changes

The following changes will be made effective as of January 1999, or in the event that equivalent

changes are made in the Railroad Employees National Dental Plan (to which the parties are not are

part) prior to January 1999, effective the date as changes to that plan (provided that those earlier

changes apply to other TCU-represented employees on that date):

(a) The maximum benefit (exclusive of any benefits for orthodonture) which may be paid with

respect to a covered employee or dependent in any calendar year beginning with calendar year

1999 will be increased from $1,000 to $1,500.

(b) The lifetime aggregate benefits payable for all orthodontic treatment rendered to a covered

dependent, regardless of any interruption in service, will be increased from $750 to $1,000.

(c) The exclusion from coverage for implantology (including synthetic grafting) services will be

deleted and dental implants and related services will be added to the list of prosthetic dental

services for which the Dental Plan pays benefits.

(d) Repair of existing dental implants will be added to the list of basic dental services for which

the Dental Plan pays benefits.

(e) One application of sealants in any calendar year for dependent children under 14 years of age

will be added to the list of preventative dental services for which the dental Plan pays benefits.

(f) The Dental Plan will pay 80%, rather than 75%, of covered expenses for basic dental services.

- 117 -

ARTICLE IV - VISION CARE

Section 1 - Establishment and Effective Date

The company will establish a Vision Care Plan to provide specified vision care benefits to employees

and their dependents, to become effective January 1, 1999. In the event that an equivalent plan is made

effective by the National Carriers’ Conference Committee, to which the parties are not are part, prior

to January 1999, the Vision Care Plan contemplated herein will be made effective the same date as

that plan (provided that the earlier implementation of that plan applies to other TCU-represented

employees on that date). The Vision Care Plan established by the company shall continue thereafter

subject to provisions of the Railway Labor Act, as amended, according to the following provisions:

(a) Eligibility and Coverage Employees and their dependents will be eligible for coverage

under the Plan beginning on the first day of the calendar month after the employee has

completed a year of service for the company, but no earlier than the first day that the plan

becomes effective. An eligible employee who renders compensated service on, or receives

vacation pay in a calendar month will be covered under the Plan, along with his eligible

dependents, during the immediately succeeding calendar month.

(b) Managed Care Managed vision care networks that meet standards developed by the

National Carriers, Conference Committee concerning quality of care, access to providers

and cost effectiveness shall be established wherever feasible. Employees who live in a

geographical area where a managed vision care network has been established will be

enrolled in the network along with their covered dependents. Employees enrolled in a

managed vision care network will have a point-of-service option allowing them to choose

an out-of-network provider to perform any vision care service covered by the Plan that they

need. The benefits provided by the Plan when services are performed by in-network

providers will be greater than the benefits provided by the Plan when the services are

performed by providers who are not in-network providers, including providers in

geographic areas where a managed vision care network has not been established. These two

sets of benefits will be as described in the table below.

- 118 -

- 119 -

Plan Benefit

One vision examination per 12-

month period.

One set of frames of any kind per

24-month period

One set of two lenses of any

kind, including contact lenses,

per 24-month period.

Where the employee or

dependent requires only one lens

In-Network

100% of reasonable and

customary charges


customary charges1


customary charges 2


customary charges 2

Other Than In-Network

100% of reasonable and customary

charges up to a $35 maximum

100% of reasonable and customary

charges up to a $35 maximum

100% of reasonable and customary charges up to the following maximums:

up to $25 for single vision lenses

up to $40 for bifocals

up to $55 for trifocals

up to $80 for lenticulars

up to $210 for medically necessary contact lenses

up to $105 for contact lenses that are not medically necessary

100% of reasonable and customary charges up to a maximum of one-half of the maximum benefit payable for a set of two lenses of the same kind

- 120 -

- 121 -

_________________

1 Patients who select frames that exceed a wholesale allowance established under the program may be

required to pay part of the cost of the frames selected.

2 Patients may be required to pay part of the cost of spectacle lenses or lens characteristics that are not

necessary for the patient's visual welfare. Moreover, patients who choose contact lenses in lieu of

spectacles may be required to pay part of a contact lens evaluation fee and part of the cost of fitting and

materials.

-123-

ARTICLE VI - RETENTION OF SENIORITY

Section 1

Effective on the date of this Agreement, all employees promoted subsequent thereto to wholly

excepted or official positions from crafts or classes represented by the organization signatory hereto

shall be required to pay an appropriate monthly fee, not to exceed monthly union dues and

assessments, in order to retain and continue to accumulate seniority. An employee holding a wholly

excepted or official position covered by this Section whose payments are delinquent shall be given a

written notice by the appropriate General Chairman of the amount owed and ninety (90) days from the

date of such notice to cure the delinquency in order to avoid seniority forfeiture.

Section 2

Employees promoted prior to the date of this Agreement to wholly excepted or official positions from

crafts or classes represented by the organization signatory hereto which have been required to pay an

appropriate monthly fee, not to exceed monthly union dues and assessments, in order to retain and

accumulate seniority will continue to do so. An employee holding a wholly excepted or official

position covered by this Section whose payments are delinquent shall be given a written notice by the

appropriate General Chairman of the amount owed and ninety (90) days from the date of such notice

to cure the delinquency in order to avoid seniority forfeiture.

Section 3

Employees promoted prior to the date of this Agreement to wholly excepted or official positions from

crafts or classes represented by the organization signatory hereto who have not been required to pay an

appropriate monthly fee, not to exceed monthly union dues and assessments, in order to retain and

accumulate additional seniority will be required to do so henceforth; otherwise, they will no longer

accumulate additional seniority. An employee holding a wholly excepted or official position covered

by this Section who fails to begin payment of the appropriate monthly fee shall be give a written

:notice by The appropriate General Chairman of the amount owed and ninety (90) days from the date

of such notice to cure the delinquency in order to avoid having their seniority frozen.

Section 4

This Article shall become effective on the date of this Agreement except on such carriers where the

organization representative may elect to preserve all or part of existing rules pertaining to employees

retaining seniority after promotion to a wholly excepted or official position and so notifies the

authorized carrier representative within thirty (30) days following the date of this Agreement. In those

instances, when the organization representative elects to retain a portion of the local rule in

conjunction with Sections 1, 2 and 3 of this Article, the parties will meet within ten (10) days to

finalize the rule.

-124-

ARTICLE X - GENERAL PROVISIONS

Section 1 - Effect of this Agreement

(a) The purpose of this Agreement is to fix the general level of compensation during the period of

the Agreement, and is in settlement of the dispute growing out of the notices dated on or

subsequent to November 1, 1994 and served upon the organization by the company and

notices dated on or subsequent to November 1, 1994 served by the organization upon the

company.

(b) This Agreement shall remain in effect through December 31, 1999 and thereafter until


(c) The parties to this Agreement shall not serve nor progress prior to November 1, 1999 (not to

become effective before January 1, 2000) any notice or proposal for the purpose of changing

provisions of this Agreement, or which proposes matters covered by the organization's

proposals referred to in paragraph (a) of this Section, and any proposals in pending notices on

such subject matters are hereby withdrawn.

(d) No party to this Agreement shall serve or progress, prior to November 1, 1999 (not to become

effective before January 1, 2000) any notice or proposal which might properly have been

served when the last moratorium ended on November 1, 1994.

(e) This Article will not bar the company and the organization from agreeing upon any subject of

mutual interest.

Signed this 6th day of December, 1996 in Jacksonville, Florida.

For Transportation Communications For CSX/Sealand Terminals, Inc.:

International Union:

/s/ L. H. Tackett /s/ David J. Rafanowicz

L. H. Tackett, General Chairman D. J. Rafanowicz, Director Labor Relations

/s/ P. E. Murphy

_____________________________

P. E. Murphy, General Chairman

APPROVED:

/s/ C. H. Brockett

_____________________________

C. H. Brockett, Int’l. Vice President

-125-

December 6, 1996

Side Letter No. 1

Agreement T-01-96

Mr. L. H. Tackett, General Chairman Mr. P. E. Murphy, General Chairman

Transportation Communications Transportation Communications

International Union International Union

5885 Richard Street 10610 Trade Road

Jacksonville, Florida 32216 Richmond, Virginia 23236

Dear Sirs:

This confirms our understanding with respect to the general wages increases provided for

in Article I, Sections 1 and 3, and the Signing Bonus provided for in Article 1, Section 2, of

Agreement T-01-96 of this date.

The company will make all reasonable efforts to pay the retroactive portion of such gen-

eral wage increases and the signing bonus as soon as possible and no later than forty-five (45)

days after ratification of this agreement.

Sincerely,

/s/ David J. Rafanowicz

David J. Rafanowicz

Director, Labor Relations

CSX/Sealand Terminals, Inc.

-126-

December 6, 1996

Side Letter No. 2

Agreement T-01-96






Dear Sirs:

This refers to the increase in wages provided for in Sections 1 and 3 of Article I of

Agreement T-01-96 of this date.

It is understood that the retroactive portion of those wage increases shall be applied only

to employees who have an employment relationship with the company on the date of this

Agreement or who retired or died subsequent to December 1, 1995.

Please acknowledge your agreement by signing your name in the space provided below.

Sincerely,


David J. Rafanowicz



AGREED: APPROVED:

/s/ L. H. Tackett /s/ C. H. Brockett

L. H. Tackett, General Chairman C. H. Brockett, Int'l. Vice President

/s/ P. E. Murphy


-127-

December 6, 1996

Side Letter No. 3

Agreement T-01-96






Dear Sirs:

This confirms our understanding with respect to the Agreements of this date.

The parties exchanged various proposals and drafts antecedent to adoption of the various

Articles that appear in these Agreements. It is our mutual understanding that none of such

antecedent proposals and drafts will be used by any party for any purpose and that the provisions

of the Agreements will be interpreted and applied as though such proposals and drafts had not

been used or exchanged in the negotiation.


Sincerely,


David J. Rafanowicz



AGREED: APPROVED:


L. H. Tackett, General Chairman C. H. Brockett, Int'l. Vice President

/s/ P. E. Murphy


-128-


AGREEMENT

THIS AGREEMENT, by and between CSXISFALAND TERMINALS, INC. (“CSTI”), FRUIT

GROWERS EXPRESS COMPANY (“FGE”) and the TRANSPORTATION COMMUNICATIONS

INTERNATIONAL UNION (“TCU”) is made this 6th day of December 1996.

IT IS AGREED:

I) Certain TCU-represented employees of CSTI may elect to transfer their employment

from CSTI to FGE effective March 1, 997. Such employees (hereinafter "subject

employees") will be specifically identified by February 28. 1997 and listed in Attachment

“A” hereto which shall be made a part of this agreement.

2) Subject employees shall be covered by a collective bargaining agreement, hereinafter

described, which will be separate and distinct from collective bargaining agreements

which cover existing FGE employees represented by TCU.

3) The collective bargaining agreement between FGE and subject employees represented by

TCU shall be identical to agreement T-01-92, as amended (up to and including amendments

incorporated in Agreement T-01-96 of this date), between CSTI and TCU. Such agreement

shall automatically be amended, without further negotiation between FGE and TCU, by any

subsequent amendments or modifications to agreement T-01-92, and shall not otherwise be

modified or amended by the parties.

4) Each subject employee shall establish on a new FGE seniority roster, which roster shall

include only subject employees, the equivalent seniority date at their respective location

that they previously established on a corresponding CSTI roster. Such newly-created

rosters and the existing rosters of CSTI shall be administered interchangeably for

agreement-related purposes. Seniority thus established hereunder shall have no

applicability on FGE other than as contemplated by this agreement. All FGE seniority

rosters hereby created shall be closed to new additions.

5) Subject employees shall receive credit for years of service with CSTI for the purposes of

computing their vacation, sick leave, personal days, stabilization, insurance coverage, and

pay rate entitlements.

6) Subject employees shall perform only work that would have otherwise been covered

under agreement T-Ol-92, which will be contracted to FGE by CSTI, and shall have no

rights to perform other work of FGE.

-129-

7) Handling of all grievance and disciplinary matters regarding subject employees shall be

progressed by and through FGE.

8) It shall be understood that agreement T-01-92 is hereby amended so as to give effect to

the changes contemplated herein, and that work performed under either Agreement T-01-

92 or Agreement F-01-96 shall not be considered a violation of the other agreement's

scope rule.

9) This agreement shall become null and void in the event that the Railroad Retirement

Board does not affirm the November 14, 1995 conclusion of its Designated Hearing

Examiner that CSTI is not a carrier within the meaning of section 1(a) of the Railroad

Retirement Act.

10) This agreement shall expire without further action by the parties at such time as no

subject employees remain in the service of FGF contemplated hereunder.

11) It is further agreed between the parties hereto that this Agreement is subject to the

approval of the TCU International President and ratification by the membership.

SIGNED THIS 6th day of December, 1996, at Jacksonville, Florida.

TRANSPORTATION COMMUNICATIONS CSX/SEA-LAND TERMINALS, INC.

INTERNATIONAL UNION

/s/ L. H. Tackett /s/ D. J. Rafanowicz

L. H. Tackett, General Chairman D. J. Rafanowicz, Director Labor Relations

/s/ P. E. Murphy


APPROVED: FRUIT GROWERS EXPRESS COMPANY

/s/ C. H. Brockett /s/ J. A. Crisp

C. H. Brockett, Int'l Vice President J. A. Crisp, Manager

-130-

December 6, 1996

Side Letter No. 1

Agreement T-02-96






Dear Sirs:

This confirms our understanding with respect to Agreement T-02-96 of this date.

It is the intent of the parties to Agreement T-09-96 that subject employees (as that term is

defined in the agreement) will continue to be covered by the Railroad Retirement Act ("RRA")

while they are employed by Fruit Growers Express (Company ("EGE") and performing services

for CSX/Sea-Land Terminals Inc.

In the event that FGE ceases to act as the employer of the subject employees, or is

hereafter removed from RRA coverage, it is agreed that the parties signatory hereto shall arrange

for transfer of the work performed under Agreement F-0 1-96 to another employer covered by the

RRA; such employer to be bound by the provisions of Agreement F-01-96 (as amended) as

though a primary signatory thereto; with subject employees to follow the work.

Sincerely,


David J. Rafanowicz

Director Labor Relations


AGREED:

For Fruit Growers Express Company:

/s/ J. A. Crisp

J. A. Crisp, Manager

-131-

December 6 1996

Side Letter No.2

Agreement T-02-96






Dear Sirs:

This confirms our understanding with respect to the Agreements of this date.

The parties exchanged various proposals and drafts antecedent to adoption of the various

Articles that appear in these Agreements. It is our mutual understanding that none of such antece-

dent proposals and drafts will be used by any party for any purpose and that the provisions of the

Agreements will be interpreted and applied as though such proposals and drafts had not been

used or exchanged in the negotiation.


Sincerely,


David J. Rafanowicz



AGREED: APPROVED:


L. H. Tackett, General Chairman C. H. Brockett, Int'l Vice President

/s/ P. E. Murphy


-132-

December 6, 1 996

Side Letter No. 3

Agreement T-02-96






Dear Sirs:

Reference our discussions regarding those employees who may elect to transfer employment from

CSX/Sealand Terminals, Inc. to Fruit Growers Express Company pursuant to implementing

agreement T-02-96.

This confirms our understanding and agreement that those who may transfer to FGE are TCU-

represented employees of CSX/Sealand Terminals, Inc. at points specified in Section 1(a) of

Agreement T-0l-92, and the employees at East Chicago, Indiana, and Livonia, Michigan.

If the above correctly reflects our understanding and agreement, please so indicate with your

signature in the space provided below.

Sincerely,


David J. Rafanowicz



AGREED: APPROVED:


L. H. Tackett, General Chairman C. H. Brockett, Int'l Vice President

/s/ P. E. Murphy


-133-


-134-

Agreement No. F-01-96

AGREEMENT

THIS AGREEMENT, by and between FRUIT GROWERS EXPRESS COMPANY

(“FGE”), and the TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION

(“TCU”) is made this 6th day of December 1996.

IT IS AGREED:

I) This agreement shall apply to that specific group of employees defined as “subject

employees” in Agreement No. T-02-96 between the parties hereto and CSX/Sea-Land

Terminals, Inc. (“CSTI”), who may elect to transfer their employment from CSTI to FGE

effective March 1, 1997.

2) The parties hereby adopt all the terms and provisions of agreement T-01-92, as amended

(up to and including amendments incorporated in Agreement T-01-96 of this date),

between CSTI and TCU. Such agreement shall automatically be amended, without further

negotiation between FGE and TCU, by any subsequent amendments or modifications to

Agreement T-01-92

3) This agreement shall not be modified or amended in any manner except as provided

herein, and shall expire without further action by the parties coincident with the

expiration of Agreement T-02-96 between the parties and CSTI, as provided in Section

9), or 10) of that agreement.

4) It is further agreed between the parties hereto that this Agreement is subject to the

approval of the TCU international President and ratification by the membership.

SIGNED THIS 6th day of December, 1996, at Jacksonville, Florida.

TRANSPORTATION COMMUNICATIONS FRUIT GROWERS EXPRESS COMPANY

INTERNATIONAL UNION

/s/ L. H. Tackett /s/ J. A. Crisp

L. H. Tackett, General Chairman J. A. Crisp, Manager

/s/ P. E. Murphy


APPROVED:

/s/ C. H. Brockett

C. H. Brockett, Int'l Vice President

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March 25, 1999

AGREEMENT

BETWEEN

CSX/SEA-LAND TERMINALS, INC.,

AND


Effective March 25, 1999

This agreement is made and entered into as of this 25th day of March 1999, by and between

CSX/Sea-Land Terminals, Inc. (hereinafter referred to as “the company” or “Terminal Company”)

and Transportation Communications International Union (hereinafter referred to as “TCU”), for itself

and acting on behalf of Terminal Company employees included in the collective bargaining unit

which it represents, and modifies Agreement T-01-92, as amended:

IT IS AGREED:

1. ESTABLISHMENT OF NEW POSITIONS

(a) Terminal Company will take steps to terminate or modify its agreements with outside

contractors performing gate, lift, and tie-down work at terminals listed in Appendix “A”

hereto and establish positions, which will be referred to as Intermodal Service Workers

(“ISWs” or “ISW” in the singular), in the approximate numbers estimated therein. Such

positions, will be governed by Agreement T-01-92, as amended previously and by this

Agreement. Other work performed by contractors at those locations will continue to be

performed by contractors.

(b) At each of the effected terminals listed in Appendix “A” which have been marked with a “2” a

seniority roster will be established for employees who will be engaged in the work functions

incorporated hereunder. Such rosters will be separate from rosters which presently exist at the

effected terminals. At terminals listed in Appendix “A” which have not been so marked, the

newly established gate, lift, tie-down positions will be added to existing seniority rosters.

2. WAGES

(a) The full rate of pay for ISW positions established pursuant to Article 1 above shall be $90.73

per day, except that positions designated as ISW-Lift Operator will be compensated at a 10%

premium, or $99.80 per day. Rate progression provisions will not apply to ISW positions.

(b) The full rate of pay for Intermodal Service Representatives (ISRs) hired subsequent to the date

of this agreement shall be $107.74 per day. For the first six (6) months of employment, new

ISR employees shall be paid at 90% of the full rate. The wage rate of present ISRs will not be

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reduced as a result of this change.

3. MODIFICATIONS TO THE CURRENT RULES AGREEMENT

Agreement T-01-92, as amended, is hereby further amended as follows:

(a) the following rules and addenda of the former L&N Rules Agreement shall be deleted in their

entirety: Rule 2, Rule 4(a), Rule 15(c), Rule 43, Rule 49(b), Rule 50, Rule 62, Rule 65,

Addendum 1-A, Addendum 2, Addendum10, and Addenda 10-A through 10-F.

(b) where language of the agreement uses the terms “carrier” or “railroad” with reference to the

company, all such references shall be modified to “company,”

(c) rules of the former L&N Rules Agreement shall be modified as provided in Attachment “B”

hereto, with the understanding that neither party shall subsequently advance a position

regarding the other’s intent with respect to leaving any language of the agreement unchanged.

(d) as otherwise provided herein and in side letters and attachments hereto.

Unless otherwise modified by this agreement, including side letters and attachments hereto, all

provisions of Agreement T-01-92, as amended, shall remain in full force and effect.

Signed this 25th day of March, 1999 in Jacksonville, Florida.

For Transportation Communications For CSX/Sealand Terminals, Inc.:


/s/ G. A. Rowe /s/ D. J. Rafanowicz

G. A. Rowe, General Chairman D. J. Rafanowicz, Director Labor Relations /s/ W. K. Browning W. K. Browning, Vice General Chairman /s/ Tommie Cook Tommie Cook, Member Negotiating Committee /s/ A. P. Santoro A. P. Santoro, General Chairman APPROVED: /s/ C. H. Brockett C. H. Brockett, Int’l. Vice President

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Agreement T-01-99

Attachment “A”

Estimated ISW Positions to be Established

Pursuant to Article 1 of Agreement T-01-99

Location Rosters Positions

Kingsport 1 3

Memphis (Leewood) 2 4

Nashville 2 16

Orlando 2 8

Portsmouth 1 5

Tampa 2 11

Savannah 1 6

Charleston 2 25

Charlotte 1 3

Evansville 1 3

Mobile 1 5

New Orleans 2 22

Atlanta 2 48

Jacksonville 2 48

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Agreement T-01-99

Attachment “B”

MODIFICATIONS TO FORMER L&N RULES AGREEMENT

The following provisions of the former L&N Rules Agreement are modified as hereinafter stated with

respect to their application between the parties:

RULE 1 –SCOPE

Paragraph (a) is modified as follows and all other portions are unchanged:

(a) This agreement shall govern the hours of service and working conditions of employees

engaged in the work covered hereunder, subject to exceptions noted herein.

RULE 3 – SENIORITY DATUM

Paragraph (b is modified as follows and all other portions are unchanged:

(b) Seniority begins at the time that the employee first performs compensated service under

the agreement on the seniority district in which employed.

RULE 4 – RETENTION OF SENIORITY

Current language of Rule 4 is superceded by provisions of Article VI – RETENTION OF SENIORITY

of Agreement T-01-96, with the understanding that the language of Article VI shall be modified to allow

contextual changes necessary to incorporate its provisions into the Rules Agreement without changing

the intent thereof.

RULE 7 - SENIORITY ROSTER

Paragraph (a) is modified as follows and all other portions are unchanged:

(a) A separate roster for each seniority district shall be maintained covering the employees

holding or establishing seniority rights thereon. Rosters will be prepared in standard form (Addendum

11-A) showing the names in seniority order. Rosters will be posted in agreed upon places accessible to

all employees affected.

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RULE 15 - EXTRA LISTS, FILLING VACANCIES AND PERFORMING EXTRA WORK

The heading of Rule 15 is modified as shown above. All references to: “Monday” are changed to

“Saturday”, “Sunday” are changed to “Friday”, and “punitive” are changed to “overtime.”

The following language replaces paragraphs (a) through (c) and subsequent paragraphs are re-lettered:

(e) Separate extra lists may be established and maintained to protect extra assignments and

vacancies, in the districts covered by the respective extra list.

(f) The Company shall have the right to designate the number of positions on each extra list.

The last sentence in paragraph (d), which refers to “monthly-rated positions,” is hereby deleted.

Existing paragraph (h) is replaced as follows:

(g) This rule contemplates that an employee assigned to a temporary vacancy will take the

terms and conditions of the position to which assigned. He will remain thereon for the expected duration

except that he shall be released after completing five (5) shifts in his work week beginning with Saturday.

An extra employee relieving a position is relieved from such position at the end of tour of duty the day

immediately preceding the rest days and will not observe rest days of the position when it is definitely

known the regular incumbent will return on the first work day following the rest days.

Existing paragraph (i) and (j) are deleted. Existing paragraph (k) is modified as follows:

(h) The Company will maintain a list of employees to be used to fill vacancies or

perform extra work at the overtime rate when there are no extra employees available to perform

the work. An employee who desires to perform such service shall notify the proper Company

officer in writing listing positions for which he is qualified. Employees requesting such work will

be obligated to respond when called. Employees who have completed sixteen (16) hours of

continuous service, those who cannot protect their regularly assigned positions if called in

advance thereof, and employees who cannot fulfill the full eight (8) hours of their assigned

positions, do not stand to be used under this rule. Failure to respond when called may result in

removal of the employee's name from such lists for up to thirty (30) days unless satisfactory

reason is given to the supervisor.

Such work shall be performed by those on the overtime list in seniority order.

In the event that the overtime works remains unfilled, the junior qualified available


As a last resort, the junior qualified employee on the seniority shall be required to protect

the vacancy. If the hours of assignment to which transferred are not the same as his regular


hours which are part of his regular assignment, and at the overtime rate for the hours outside of

his regular assignment.

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RULE 22 - ABSORBING OVERTIME

Paragraph 4 of Rule 22 is modified as follows. All other language remains unchanged.

An employee assisting another employee on a position paying a higher rate for more than

four (4) hours will receive the higher rate for the entire shift, and will otherwise be

compensated at his regular rate. An employee assisting another employee on a position

paying a lower rate will not have his rate reduced.

RULE 23 - CHANGING ASSIGNED STARTING TIME, REST DAYS

The heading of Rule 23 is modified as shown above. References in paragraph (c) and (d) to “one (1) hour

or more” shall be changed to “more than one (1) hour.” References in paragraph (c) and (d) to “as much

as two (2) hours” shall be changed to “more than two (2) hours.” The following language is substituted

for paragraphs (a) and (b) and subsequent paragraphs re-lettered accordingly.

(a) All regular assignments shall have fixed starting times which shall not shall not be

changed without at least 36 hours' notice to the employees affected and the Local Chairman.

RULE 27 – ESTABLISHED RATES

Paragraph (b) is modified as follows:

(b) Intermodal Service Representatives (ISRs) entering the service and establishing seniority on

or after the date of this agreement will be compensated at the established rate of the position to which

they are assigned or are filling, except that during the first six (6) calendar months of continuous service

they will receive 90% of the established rate. Intermodal Service Workers (ISWs) entering the service

and establishing seniority on or after the date of this agreement will be compensated at the established

rate of the position to which they are assigned, without application of rate progression provisions.

RULE 42 - TRAVEL TIME AND EXPENSES

The following language replaces the existing language of Rule 42 in its entirety:

(c) The Company shall designate a headquarters point for each regular position and each

regularly assigned relief position. No designated headquarters point may be changed more frequently

than once each sixty (60) days and only after at least fifteen (15) days' written notice to the employee

affected.

(d) Employees who are required in the course of their employment to be away from their

designated headquarters point shall be compensated for travel time between points, and the reasonable

cost of travel, meals, and lodging. When travel requires use of a personal automobile, mileage will be

reimbursed at the prevailing IRS rate for business mileage, and travel time will be computed on the basis

of two (2) minutes per mile actually traveled.

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RULE 54 - MACHINES FURNISHED

Rule 54 is modified as follows:

Equipment and tools will be furnished by the Company where their use is required. When

employees are required to use an automobile or other motor vehicle in the rendition of service for the

Company such equipment shall be furnished and maintained by the Company without expense to the

employees.

RULE 58 – HEALTH & WELFARE AGREEMENTS

The language of Rule 58 will read as follows:

Employees governed by this Agreement will be covered by the CSX/Sea-Land Terminals, Inc.

Health and Welfare Plan, which includes Health, Dental, and Life Insurance Plans administered by Aetna

under policy GP-372670, a Vision Care Plan administered by Spectra, and a 401(k) Savings Plan.

ADDEMDUM 7

References to numbers of years in Section 1, paragraphs (a) through (e), are each modified to six

(6) years in accordance with the 1986 National Agreement.

ADDENDUM 8

Addendum 8 is replaced with the language of Attachment “C” hereto.

ADDENDA 11-A Through 11-F

All references to “Clerical, Office, Station, Storehouse, Employees and Agents, Telegraphers,

Telephoners, Towers and Levermen Agreement” are deleted, as well as the protected rate column

as Addendum 11-A.

-143-

ADDENDUM 8

SENIORITY ROSTERS – RULE 6

Location District Description Atlanta ATL1 ISR – Administrative ATL2 ISW – Gate/Lift/Tie-Down Baltimore BLT1 ISR – Administrative Charleston CHS1 ISR – Administrative CHS2 ISW – Gate/Lift/Tie-Down Charlotte CHRX Intermodal Service Representative Chicago CHG1 ISR – Administrative CHG2 ISW – Gate CHG3 ISW – Tie-down Cincinnati CIN1 ISR – Administrative Evansville EVNX Intermodal Service Representative Jacksonville JAX1 ISR – Administrative JAX2 ISW – Gate/Lift/Tie-Down Kingsport KNGX Intermodal Service Representative Little Ferry LFR1 ISR – Administrative Long Beach LBC1 ISR – Administrative Memphis MPH1 ISR – Johnston Administrative MPH2 ISW – Leewood Gate/Lift/Tie-Down Mobile MOBX Intermodal Service Representative Nashville NSH1 ISR – Administrative NSH2 ISW – Gate/Lift/Tie-Down New Orleans NOR1 ISR – Administrative NOR2 ISW – Gate/Lift/Tie-Down Oakland OAK1 ISR – Administrative Orlando ORL1 ISR – Administrative ORL2 ISW – Gate/Lift/Tie-Down Philadelphia PHL1 ISR – Administrative Portsmouth PRTX Intermodal Service Representative Savannah SAVX Intermodal Service Representative Tacoma TAC1 ISR - Administrative Tampa TMP1 ISR – Administrative TMP2 ISW – Gate/Lift/Tie-Down

Agreement T-01-99

Attachment “C”

CSX/Sea-Land Terminals, Inc.. 301 West Bay Street, Jacksonville, Florida 32202-4434 Fax (904) 633-1055

David J. Rafanowicz Director Labor Relations (904) 633-1052

March 25, 1999

Agreement T-01-99

Side Letter No. 1

Mr. G. A. Rowe, General Chairman

Transportation Communications International Union

5885 Richard Street


Dear Mr. Rowe:

This refers to our discussions and understanding regarding new positions to be established under

agreement T-01-99 during the month of April 1999.

As we discussed, agreements with certain contractors have been terminated or modified and employees

of those contractors will cease performing lift/gate/tie-down work as of the transition date designated by

the company for each effected terminal. Company employees will begin performing the work on those

dates.

Employment offers to be effective on a designated transition date will be made for particular

assignments, including assigned hours and rest days. It shall be understood that such positions will have

been established by operation of the employment offer letter and by mutual agreement.

Those employees who initially occupy the new positions will be considered to be the incumbents thereof,

subject to displacement only by a senior employee whose position is subsequently abolished or who

otherwise obtains a displacement right by operation of agreement rules. Hiring of unassigned extra

employees will begin immediately subsequent to the hiring of assigned positions.

If the above correctly sets forth our understanding and agreement, please so indicate with your signature

in the space provided below.

Sincerely,


David J. Rafanowicz


AGREED:

/s/ G. A. Rowe

___________________________

G. A. Rowe, General Chairman

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March 25, 1999

Agreement T-01-99

Side Letter No. 2

Mr. G. A. Rowe, General Chairman


5885 Richard Street Jacksonville, Florida 32216

Dear Mr. Rowe:

This refers to our discussions and understanding regarding new positions to be established under

agreement T-01-99 during the month of April 1999.

As we discussed, certain of the employees who will be hired have been employed at the affected

terminals by contractors that previously performed the work. In recognition thereof, their seniority shall

be established on the following basis:

Individuals who have a current employment relationship with the contractor being

replaced at each terminal, and who are hired within seven (7) days of the designated

transition date at that terminal, shall be ranked on the respective roster in the order of

their first service date with a contractor at the terminal – ahead of those individuals

who are hired during that time without such connection – with their seniority date

shown as the designated transition date.



Sincerely,


David J. Rafanowicz


AGREED:

/s/ G. A. Rowe


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March 25, 1999

Agreement T-01-99

Side Letter No. 3

Mr. G. A. Rowe, General Chairman Mr. A. P. Santoro, General Chairman



5885 Richard Street 309 A Street

Jacksonville, Florida 32216 Wilmington, Delaware 19801

Dear Sirs:

This refers to our discussions in the process of making revisions to the former L&N Rules Agreement as

it applies under Agreement T-01-92, as amended.

This confirms our understanding and agreement that the term “fixed starting times” as used in Rule

23 shall be interpreted to mean that the starting time of an ISW can be one hour earlier or later

than the regular start time depending on service requirements.

It is the intent that newly bulletined ISR positions will follow the language of former L&N Agreement

Rule 23 to the extent practical, with exceptions to be made by mutual agreement between the Company

and the General Chairman.



Sincerely,


David J. Rafanowicz


AGREED:

/s/ G. A. Rowe


/s/ A. P. Santoro

A. P. Santoro, General Chairman

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AGREEMENT

THIS AGREEMENT, by and between CSX INTERMODAL TERMINALS, INC. (“CITI” or

“the company”), and its employees represented by the TRANSPORTATION

COMMUNICATIONS INTERNATIONAL UNION (“TCU” or “the organization”) is made this

31st day of July 2003 and modifies agreements T-01-92 (as amended) and TN-01-98 between

the parties.

IT IS AGREED:

ARTICLE I - WAGES

Section I - First General Wage Increase

On June 30, 2002, all daily rates of pay in effect on the preceding day for employees covered by

this Agreement shall be increased in the amount of two-and-one-half (2-1/2) percent. The

increase provided for in this Section 1 shall be applied as follows:



shall be rounded to the nearest whole cent, fractions less than one-half cent shall be

dropped, and fractions of one-half cent or more shall be increased to the nearest full cent.


The increase in wages provided for in this Section 1 shall be applied in accordance with

the wage or working conditions agreement in effect between the company and the

organization. Special allowances not included in fixed hourly, daily, weekly or monthly

rates of pay for all services rendered, and arbitraries representing duplicate time

payments, will not be increased. Overtime hours will be computed in accordance with

individual schedules for all overtime hours paid for.



this Agreement shall be increased in the amount of three-and-one-half (3-1/2) percent. The

increase provided for in this Section 2 shall be applied in the same manner as provided for in

Section 1 hereof.



this Agreement shall be increased in the amount of three (3) percent. The increase provided for in



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this Agreement shall be increased in the amount of three and one-quarter (3-1/4) percent. The

increase provided for in this Section 5 shall be applied in the same manner as provided for in

Section 1 hereof.

ARTICLE II - COST-OF-LIVING PAYMENTS

Part A - Cost-of-Living Allowance Payments under Agreement Dated December 6, 1996

On October 1, 2001, twenty-seven (27) cents-per-hour of the cost-of-living allowance payable

pursuant to Article II, Part B of the Agreement dated December 6, 1996 (“Article II, Part B”)

shall be rolled into basic rates of pay. Article II, Part B shall be eliminated effective June 30,

2002. Cost-of-living allowance payments made to employees for periods on or before June 30,

2002 shall be retained. Any cost-of-living allowance payments made to employees for periods

on or after July 1, 2002 shall be recovered from any retroactive wage increase payments made

under Article I.

Part B - Cost-of-Living Allowance and Adjustments Thereto After January 1, 2005

Section I - Cost-of-Living Allowance and Effective Dates of Adjustments

(a) A cost-of-living allowance shall be payable in the manner set forth in and subject to the

provisions of this Part, on the basis of the "Consumer Price Index for Urban Wage

Earners and Clerical Workers (Revised Series) (CPI-W)” (1967=100), U.S. Index, all

items - unadjusted, as published by the Bureau of Labor Statistics, U.S. Department of

Labor, and hereinafter referred to as the CPI. The first such cost-of-living allowance shall

be payable effective July 1, 2005 based, subject to paragraph (b), on the CPI for March

2005 as compared with the CPI for September 2004. Such allowance, and further cost-of-

living adjustments thereto which shall become effective as described below, shall be

based on the change in the CPI during the respective measurement periods shown in the

following table, subject to the exception provided in paragraph (b) (iii) according to the

formula set forth in paragraph (c).

Measurement Periods

Effective Date

Base Month Measurement Month of Adjustment

September 2004 March 2005 July 1, 2005

March 2005 September 2005 January 1, 2006

Measurement Periods and Effective Dates conforming to the above schedule shall be

applicable to periods subsequent to those specified above during which this Article is in

effect.

- 149 -

(b) (i) Cap In calculations under paragraph (c), the maximum increase in the CPI that

shall be taken into account shall be as follows:

Effective Date Maximum CPI Increase That

of Adjustment May Be Taken Into Account

July 1, 2005 3% of September 2004 CPI

January 1, 2006 6% of September 2004 CPI

Less the increase from

September 2004 to March 2005

Effective Dates of Adjustment and Maximum CPI Increases conforming to the

above schedule shall be applicable to periods subsequent to those specified

above during which this Article is in effect.

(ii) Limitation. In calculations under paragraph (c), only fifty (50) percent of the

increase in the CPI in any measurement period shall be considered.

(iii) If the increase in the CPI from the base month of September 2004 to the

measurement month of March 2005 exceeds 3% of the September 2004 base index,

the measurement period that shall be used for determining the cost-of-living

adjustment to be effective the following January shall be the 12-month period from

such base month of September; the increase in the index that shall be taken into

account shall be limited to that portion of the increase that is in excess of 3% of such

September base index; and the maximum increase in that portion of the index that

may be taken into account shall be 6% of such September base index less the 3%

mentioned in the preceding clause, to which shall be added any residual tenths of

points which had been dropped under paragraph (c) below in calculation of the cost-

of-living adjustment which shall have become effective July 1, 2005 during such

measurement period.

(iv) Any increase in the CPI from the base month of September 2004 to the

measurement month of September 2005 in excess of 6% of the September 2004 base

index shall not be taken into account in the determination of subsequent cost-of-

living adjustments.

(v) The procedure specified in subparagraphs (iii) and (iv) shall be applicable to all

subsequent periods during which this Article is in effect.

(c) Formula. The number of points change in the CPI during a measurement period, as

limited by paragraph (b), shall be converted into cents on the basis of one cent equals 0.3

full points. (By “0.3 full points" it is intended that any remainder of 0.1 point or 0.2 point

of change after the conversion shall not be counted.)

- 150 -

The cost-of-living allowance effective January 1, 2006 shall be the whole number of cents

produced by dividing by 0.3 the number of points (including tenths of points) change, as

limited by paragraph (b), in the CPI during the applicable measurement period. Any

residual tenths of a point resulting from such division shall be dropped. The result of such

division shall be rolled in to basic rates in effect on December 31, 2005 if the CPI shall

have been higher at the end than at the beginning of the measurement period, and

subtracted therefrom only if the index shall have been lower at the end than at the

beginning of the measurement period, but in no event shall basic rates of pay be reduced

below the levels in effect on June 30, 2005. If the result of such division requires a

subtraction from basic rates of pay in effect on December 31, 2005, the employee cost-

sharing contribution amount in effect on that date pursuant to Article III, Part B, Section

1(e) of this Agreement shall be adjusted effective January 1, 2006 as appropriate to reflect

such subtraction. The same procedure shall be followed in applying subsequent

adjustments.

(d) Continuance of the cost-of-living allowance and the adjustments thereto provided herein

is dependent upon the availability of the official monthly BLS Consumer Price Index

(CPI-W) calculated on the same basis as such Index, except that, if the Bureau of Labor

Statistics, U.S. Department of Labor should, during the effective period of this Article,

revise or change the methods or basic data used in calculating such Index in such a way

as to affect the direct comparability of such revised or changed index with the CPI-W

during a measurement period, then that Bureau shall be requested to furnish a conversion

factor designed to adjust the newly revised index to the basis of the CPI-W during such

measurement period.

Section 2 - Payment of Cost-of-Living Allowances

(a) The cost-of-living allowance payable to each employee effective July 1, 2005 pursuant to

Section 1 of this Part shall be rolled into basic rates of pay on that date.

(b) The increase in the cost-of-living allowance payable to each employee effective January

1, 2006 pursuant to Section 1 of this Part shall be rolled into basic rates of pay on that

date.

(c) The increase in the cost-of-living allowance payable to each employee effective July 1,

2006 pursuant to Section 1 of this Part shall be rolled into basic rates of pay on that date.

(d) The procedure specified in paragraphs (b) and (c) shall be followed with respect to

computation of the cost-of-living allowances payable in subsequent years during which

this Article is in effect.

Section 3 - Application of Cost-of-Living Allowances

The cost-of-living allowance provided for by Section 1 of this Part B will be payable as provided

in Section 2 and will be applied as follows:

(a) Daily Rates - Determine the equivalent hourly rate by dividing the established daily rate

by the number of hours comprehended by the daily rate. The amount of the cost-of-living

- 151 -

allowance multiplied by the number of hours comprehended by the daily rate shall be

added to the daily rate produced by application of Article I.

(b) Minimum Daily Increases - The increase in rates of pay described in paragraph (a) shall

be not less than eight times the applicable increase per hour for each full time day of eight

hours, required to be paid for by the rules agreement. In instances where under the

existing rules agreement an employee is worked less than eight hours per day, the

increase will be determined by the number of hours required to be paid for by the rules

agreement.

(c) Application of Wage Increases - The increases in wages produced by application of the

cost-of-living allowances shall be computed in accordance with the wage or working

conditions agreement in effect between the company and its employees represented by

TCU, and in instances where fixed daily rates are paid for all services rendered, the cost-

of-living allowances shall be applied in such manner as will give effect to the number of

hours used in fixing said rates and to the equivalent hours for special allowances included

in said rates. Special allowances not included in said rates and arbitraries representing

duplicate time payments will not be increased.

Section 4 - Continuation of Part B

The arrangements set forth in Part B of this Article shall remain in effect according to the terms

thereof until revised by the parties pursuant to the Railway Labor Act.

ARTICLE III – HEALTH AND WELFARE

PART A- Plan Changes

Section 1 - Continuation of Health and Welfare Plan

The benefits now provided under the Health & Welfare Plan (“The Plan”), modified as provided

in this Article, with respect to employees represented by the organization and their eligible

dependents, will be continued.

Section 2 - Plan Benefit Changes

(a) The Plan is amended to include one routine physical examination (including diagnostic testing

and immunizations in connection with such examination) each calendar year for covered

employees and their eligible dependents. Such benefit shall cover 100% of the Eligible

Expenses involved up to $150, and 75% of such Eligible Expenses in excess of $150.

(b) Routine childhood (up to age 18) immunizations, including boosters, for Diphtheria, Pertussis

or Tetanus (DPT), measles, mumps, rubel1a, and polio shall be provided under the Plan. This

benefit is subject to the applicable deductible and percentage of Eligible Expenses payable.

(c) In addition to the Plan's existing coverage for speech therapy, such therapy will be a Covered

Health Service under the Plan when given to children under three years of age as part of a

- 152 -

treatment for infantile autism, development delay, cerebral palsy, hearing impairment, or

major congenital anomalies that affect speech.

(d) Phenylketonurial blood tests ("PKU") will be a Covered Health Service under the Plan when

given to infants under the age of one in a hospital or on an out-patient basis.

(e) A Prescription Drug Card Program will be added to the Plan with co-payments per

prescription as follows: (i) Generic Drug - $5.00; (ii) Brand Name Drug - $10.00. The Plan's

Mail Order Prescription Drug Program co-payment is revised as follows: (i) Generic Drug -

$10.00; (ii) Brand Name Drug $15.00.

(f) All of the benefits as changed herein will be subject to the Plan's generally applicable

limitations, conditions, and exclusions. Existing Plan provisions not specifically amended by

this Article shall continue in effect without change.

(g) This Section shall become effective with respect to employees covered by this Agreement on

October 1, 2003 or as soon thereafter as practicable.

Section 3 - Plan Design Changes To Contain Costs

(a) The Plan will identify certain health care providers to become Preferred Providers. Such

Preferred Providers will discount their charges for covered health services. If Preferred Providers

are used, the amount of eligible expenses for which the employee is responsible will generally be

less than if other providers had been used. The percentage of eligible expenses payable shall

remain the same whether or not Preferred Providers are used. However, because the eligible

expenses may be less when Preferred Providers are used, the employee portion owed will be less.

(b) During a prescribed election period preceding January 1, 2004 and preceding each January 1

thereafter, employees may certify to the Plan or its designee in writing that they have health care

coverage (which includes medical, prescription drug, and mental health/substance abuse benefits)

under another group health plan or health insurance policy that they identify by name and, where

applicable, by group number, and for that reason they elect to forego coverage for health benefits

for themselves and their dependents under the Plan. Such election is hereafter referred to an

"Opt-Out Election" and, where exercised, will eliminate participation in the medical and

prescription benefits of the Plan for the employee and his dependents.

Each employee who makes an Opt-Out Election will be paid $100 for each month when in the

prior month the employee rendered compensated service or received vacation pay; provided,

however, that the employee's Opt-Out Election is in effect for the entire month.

If an event described below in the final paragraph of this subsection (b) occurs subsequent to an

employee's Opt-Out Election, the employee may, upon providing the Plan or its designee with

proof satisfactory to it of the occurrence of such event, revoke his or her Opt-Out Election. An

employee may also revoke his or her Opt-Out Election by providing the Plan or its designee with

proof satisfactory to it that, after the employee made the Opt-Out Election, a person became a

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dependent of the employee through a marriage, birth, or adoption or placement for adoption. An

employee who revokes an Opt-Out Election will, along with his or her dependents, be once again

covered (effective the first day of the first month following such revocation that the employee

and/or his dependents would have been covered but for the Opt-Out Election the employee had

previously made) under the Plan.

The following events are the events referred to in the immediately preceding paragraph:

(i) the employee loses eligibility under, or there is a termination of employer contributions for, the other coverage that allowed the employee to make the Opt-Out Election, or

(ii) if COBRA was the source of such other coverage, that COBRA coverage is

exhausted.

(c) The Plan design changes contained in this Section shall become effective October 1, 2003 or

as soon thereafter as practicable.

Part B –Employee Cost Sharing of Plan Cost Increases

Section 1 – Employee Cost-Sharing Contributions

By reference thereto, the parties agree that Article III, Part B, Section 1 – Employee Cost

Sharing Contributions, of an Arbitrated Agreement, effective January 23, 2003, pursuant to the

Award of Arbitration Board No. 579, by and between certain carriers represented by the

National Carriers’ Conference Committee and their employees represented by Transportation

Communications International Union (“the National Agreement”) will serve as an index for

purposes of this section.

On the effective dates and in the manner calculated by the National Agreement, Employee Cost

Sharing Contributions hereunder shall be applicable, after first applying a factor of 70% to the

per month contributions required by the National Agreement.

Section 2 - Pre-Tax Contributions

Employee cost-sharing contributions made pursuant to this Part shall be on a pre-tax basis, and in

that connection a Section 125 cafeteria plan will be established pursuant to this Agreement.

Section 3 - Retroactive Contributions

Retroactive employee cost-sharing contributions payable for the period on and after July 1, 2001

shall be offset against any retroactive wage payments provided to the employee under Article I,

Sections 1 and 2 of this Agreement.

Section 4 - Prospective Contributions

For months subsequent to the retroactive period covered by Section 3, at the employer's election,

employee cost-sharing contributions may be made for the employee by the company. If that

election is exercised, the company shall then deduct the amount of such employee contributions

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from the employee's wages and retain the amounts so deducted as reimbursement for the

employee contributions that the employer had made for the employee.

ARTICLE IV - OFF-TRACK VEHICLE ACCIDENT BENEFITS

Article V of the February 25, 1971 BRAC National Agreement, as amended by Article VI of the

January 30, 1979 BRAC National Agreement, is further amended as follows effective October 1,

2003.

Section 1

Paragraph(b)( 1) - Accidental Death or Dismemberment of the above-referenced Agreement

provisions is amended to read as follows:

"( 1) Accidental Death or Dismemberment

The carrier will provide for loss of life or dismemberment occurring within 120 days after date of an accident covered in paragraph (a):

Loss of Life $300,000

Loss of Both Hands $300,000

Loss of Both Feet $300,000

Loss of Sight of Both Eyes $300,000

Loss of One Hand and One Foot $300,000

Loss of One Hand and Sight of One Eye $300,000

Loss of One Foot and Sight of One Eye $300,000

Loss of One Hand or One Foot or Sight

of One Eye $150,000

"Loss" shall mean, with regard to hands and feet, dismemberment by severance

through or above wrist or ankle joints; with regard to eyes, entire and irrecoverable loss

of sight.

No more than $300,000 will be paid under this paragraph to anyone employee or his personal representative as a result of any one accident."

Section 2

Paragraph (b )(3) - Time Loss of the above-referenced Agreement provisions is amended

to read as follows:

"(3) Time Loss

The carrier will provide an employee who is injured as a result of an accident covered under

paragraph (a) commencing within 30 days after such accident 80% of the employee's basic

full-time weekly compensation from the carrier for time actually lost, subject to a maximum

payment of $1,000.00 per week for time lost during a period of 156 continuous weeks

following such accident provided, however, that such weekly payment shall be reduced by

such amounts as the employee is entitled to receive as sickness benefits under provisions of

the Railroad Unemployment Insurance Act."

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Section 3

Paragraph(b)(4) - Aggregate Limit of the above-referenced Agreement provisions is

amended by raising such limit to $10,000,000.

ARTICLE V - GENERAL PROVISIONS


(a) The purpose of this Agreement is to fix the general level of compensation during the

period of the Agreement, and is in settlement of the dispute growing out of the notices

dated on or subsequent to November 1, 1999 and served upon the organization by the

company and notices dated on or subsequent to November 1,1999 served by the

organization upon the company.

(b) This Agreement shall remain in effect through December 31, 2004 and thereafter until

changed or modified in accordance with the provisions of the Railway Labor Act, as

amended.

(c) The parties to this Agreement shall not serve nor progress prior to November 1, 2004 (not

to become effective before January 1, 2005) any notice or proposal for the purpose of

changing provisions of this Agreement, or which proposes matters covered by the

proposals of the parties cited in paragraph (a) of this Section, and any proposals in

pending notices on such subject matters are hereby withdrawn.

(d) No party to this Agreement shall serve or progress, prior to November 1, 2004 (not to

become effective before January 1, 2005) any notice or proposal.

(e) This Article will not bar the company and the organization from agreeing upon any

subject of mutual interest.

Signed this 31st day of July 2003 in Jacksonville, Florida.

For Transportation Communications For CSX Intermodal Terminals, Inc.:


/S/ G. A. Rowe__________________ /S/ D. J. Rafanowicz______________________

G. A. Rowe, General Chairman D. J. Rafanowicz, Sr. Director Labor Relations

/S/ A. P. Santoro, Jr._____________

A. P. Santoro, Jr., General Chairman

APPROVED:

/S/ C. H. Brockett________________

C. H. Brockett, Int’l. Vice President

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July 31, 2003

Side Letter No. 1

Agreement T-01-03

Mr. G. A. Rowe, General Chairman Mr. A. P. Santoro, Jr., General Chairman





Dear Sirs:

This confirms our understanding with respect to the general wages increases provided for in

Article I, Sections 1 and 2 of Agreement T-01-03 of this date.

The company will make all reasonable efforts to pay the retroactive portion of such general

wage increases as soon as possible and no later than sixty (60) days hereafter.

Sincerely,

/S/ David J. Rafanowicz_______

David J. Rafanowicz

Sr. Director, Labor Relations


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July 31, 2003

Side Letter No. 2

Agreement T-01-03






Dear Sirs:

This refers to the increase in wages provided for in Sections 1 and 2 of Article I of Agreement

T-01-03 of this date.

It is understood that the retroactive portion of those wage increases shall be applied only to

employees who have an employment relationship with the company on October 1, 2003 or who

retired or died subsequent to June 30, 2002.


Sincerely,

/S/ David J. Rafanowicz__________

David J. Rafanowicz



AGREED: APPROVED:

/S/ G. A. Rowe /S/ C. H. Brockett_______________

G. A. Rowe, General Chairman C. H. Brockett, Int'l. Vice President

/S/ A. P. Santoro, Jr.


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July 31, 2003

Side Letter No. 3

Agreement T-01-03






Dear Sirs:

This confirms our understanding with respect to the Agreement of this date.

An employee's obligation for (i) retroactive cost-sharing contributions for periods on or after

July 1, 2001 pursuant to Article III, Part B, Section 3, plus (ii) repayment of cost- of-living amounts

received in excess of 27 cents-per-hour for the period on and after July 1, 2002 pursuant to Article II,

Part A, shall in no event exceed the retroactive portion of the general wage increases payable to such

employee under Article I, Sections 1 and 2.

This understanding is non-precedential and without prejudice to any position that the

company may take subsequently with respect to similar or related issues.


Sincerely,


David J. Rafanowicz



AGREED: APPROVED:

/S/ G. A. Rowe /S/ C. H. Brockett


/S/ A. P. Santoro, Jr.______________


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July 31, 2003

Side Letter No. 4

Agreement T-01-03






Dear Sirs:

This will confirm our understanding with respect to the Agreement of this date.

For the purpose of computation and application of the employee costsharing provisions

contained in Article III, Part B of the Agreement, it is agreed that 70% indexing to the National

Agreement produces the following amounts for the periods shown below:

July 1, 2001 to June 30, 2002 – $23.37 per month



It is further agreed that the National Agreement indexing shall include application of side letters #4

and #5 thereunder.

For purposes of this Agreement, the phrase “for each month that his employer is required to

make a contribution to the Plan on his behalf for foreign-tooccupation health benefits coverage for

himself and/or his dependents” as referenced in the National Agreement, shall be interpreted to

mean “each month when in the prior month the employee rendered compensated service or received

vacation pay.”


Sincerely,


David J. Rafanowicz



AGREED: APPROVED:

/S/ G. A. Rowe __________________ /S/ C. H. Brockett_______________


/S/ A. P. Santoro, Jr._____________


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July 31, 2003

Side Letter No. 5

Agreement T-01-03






Dear Sirs:

Article III, Part A, Section 3(b) of the Agreement of this date provides employees with an option

to opt out of coverage for health benefits for themselves and their dependents under the Plan. This will

confirm our understanding with respect to the intended application of that provision.

1. An employee who opts out will be opting out of health and prescription coverage only and

(if he otherwise satisfies eligibility and coverage requirements) will continue to have coverage under

the Dental and Vision Plans, and life and AD&D insurance coverage.

2. If a husband and wife are each covered by the Plan by virtue of company employment and

either or both hold positions covered by this Agreement, a TCU-represented spouse may elect to opt out

as provided in Section 3(b). If that election is made (and provided the other spouse remains so covered),

(i) such TCU-represented spouse shall not receive the $100/month payment provided in Section 3(b)

and shall not be required to make the employee cost-sharing contributions required under Article III,

Part B, and (ii) the Plan's coordination of benefits rules in effect on the date of this Agreement that are

applied when a husband and wife are covered under the Plan both as an Eligible Employee and as an

Eligible Dependent shall continue to be applicable.


Sincerely,


David J. Rafanowicz



AGREED: APPROVED:

/S/ G. A. Rowe______________ /S/ C. H. Brockett_______________


/S/ A. P. Santoro, Jr._____________


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July 31, 2003

Side Letter No. 6

Agreement T-01-03






Dear Sirs:

This confirms our understanding with respect to the opt-out provision, Article III, Part A,

Section 3(b) of the Agreement of this date.

It is understood that for purposes of Section 9801 (f) of the Internal Revenue Code, (i) any

opt-out election shall be treated as a declination of coverage, or a failure to enroll, for health benefits

under the Plan, (ii) that the provisions of Section 9801 (f) and the regulations thereunder shall govern

how any individual covered by an election to opt-out may nonetheless become covered for health

benefits under the Plan prior to the next regular opt-out election period, (iii) that the terms of Article

III, Part A, Section 3(b) of the Agreement shall be interpreted and applied so as to be in compliance

with Section 9801(f), and (iv) that the employer's payment of $100 per month to an employee who

has elected to opt-out shall cease immediately upon the employee and/or his dependents or anyone of

his dependents becoming covered, pursuant to Section 980l(f), for health benefits under the Plan.

Furthermore, and notwithstanding the above, the parties recognize that an employee may lose

coverage under the health plan or health insurance policy that he or she relied upon in electing to

forego coverage for health benefits under the Plan, and that such loss of coverage may be attributable

to an event that is not listed in Section 9801(f) of the Internal Revenue Code and is beyond the

control of the employee or of any member of his or her family. In such a case, and only to the extent

permissible under Section 125 of the Internal Revenue Code: (a) the employee may ask his/her

employer that his or her opt-out election be revoked; (b) the employer involved may in its discretion

grant the request in the interest of fairness and equity; and (c) if the request is granted, the employee's

opt-out election shall be treated as revoked as of the day the employer received the request.

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Sincerely,


David J. Rafanowicz



AGREED: APPROVED:

/S/ G. A. Rowe__________________ /S/ C. H. Brockett_______________


/S/ A. P. Santoro, Jr.______________


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July 31, 2003

Side Letter No. 7

Agreement T-01-03

Mr. A. P. Santoro, Jr., General Chairman

Transportation Communications

International Union

309 A Street

Wilmington, Delaware 19801

Dear Mr. Santoro:

This confirms our understanding with respect to Health and Welfare provisions for employees

covered under Agreement TN-01-03.

Effective October 1, 2003, all such employees will be covered by the same plans (Medical, Dental,

Vision, life and AD&D) and in the same manner as current CSX Intermodal Terminal Company

employees presently represented by TCU under Agreement TN-01-98, as amended. Employees

currently covered under other plans will be converted on that date.


Sincerely,


David J. Rafanowicz



AGREED: APPROVED:

/S/ A. P. Santoro, Jr._____________ /S/ C. H. Brockett______________

A. P. Santoro, Jr., General Chairman C. H. Brockett, Int'l. Vice President

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CSX Intermodal Terminals, Inc.. 301 West Bay Street, Jacksonville, Florida 32202-4434 Fax (904) 633-1055

Carl J. Wexel Director-Labor Relations (904) 633-1052

Mr. M. W. Stokes, General Chairman


5885 Richard Street


Dear Mr. Stokes:

This refers to our discussions regarding employees who temporarily transfer from one terminal to

another terminal for training purposes or to meet manpower needs.

During this discussion, it was agreed that an employee who voluntarily transfers, on a temporary basis, from one terminal at which he holds seniority to another terminal at which he does not hold seniority, will be compensated on the following basis:

1. Round- trip air fare or automobile mileage at the prevailing IRS rate (includes mileage

to and from the airport).

2. Straight time compensation for travel time (time spent traveling from the home

terminal to the terminal to which temporarily transferred and from the terminal to

which temporarily transferred to the home terminal).

3. Straight time compensation, eight (8) hours each day, five days per week, at the

location to which temporarily transferred.

4. Hotel accommodations at the destination city.

5. Reasonable meal expenses ($25 per diem).

6. Other reasonable and customary expenses such as airport parking.

7. For trips in excess of twelve (12) days, the employee will be reimbursed for the

round-trip travel cost of a home visit.

If this correctly reflects our discussions and understanding, please indicate your agreement by affixing


Sincerely,

/S/ Carl J. Wexel_______

Carl J. Wexel

Director-Labor Relations

Agreed:

/S/ M. W. Stokes_______________

M. W. Stokes, General Chairman


September 28, 2006

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June 20, 2007

AGREEMENT

BETWEEN

CSX INTERMODAL TERMINALS, INC.,

AND


Effective July 1, 2007

WHEREAS it is understood that CSX Intermodal Terminals, Inc. (“Terminal Company”) will operate

an intermodal terminal located at Chambersburg, Pennsylvania; and

WHEREAS Terminal Company desires to have clerical and related work associated with its

management of the intermodal terminal performed by its own employees;

NOW, THEREFORE IT IS AGREED:

1. (a) In order to meet the scheduled start-up date, Terminal Company and TCU have negotiated

and finalized a collective bargaining agreement for the clerical employees engaged in gate inspection,

yard inventory, and office clerical work at the Intermodal Terminal located in Chambersburg,

Pennsylvania.

(b) A separate seniority district will be established for the Chambersburg Terminal and a

seniority roster will be prepared as provided in Paragraph 1 (c) of Agreement No. T-01-92.

2. In the Agreement provided for in Paragraph 1,

(a) Terminal Company will recognize TCU as the sole and exclusive bargaining

representative for the clerical employees engaged in gate inspection, yard inventory, and office

clerical work at the Intermodal Terminal location listed in Paragraph 1, pursuant to the Railway Labor

Act.

(b) The full rate of pay for the Terminal Company clerical positions to be established in

connection with this agreement will be $138.26 per day. New employees hired to fill vacancies and

positions established subsequent to the agreement will have rates of pay calculated for all service

performed within the first twelve months of employment, as follows:

(l) For the first six calendar months of employment, new employees shall be paid 90% of the

applicable full rates of pay.

(2) After completion of six calendar months of service, such employees shall be paid at

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the applicable full rates of pay.

(3) Employees who have had an employment relationship with the Company and are rehired

will be paid at established full rates of pay after completion of a total of six months' combined

service.

(4) Any calendar month in which an employee does not render compensated service due to

furlough, voluntary absence, suspension, or dismissal shall not count toward completion of

the twelve month period.

(c) The company will have the right to organize groups of employees performing related

functions into teams to facilitate the performance of work. When the team concept is utilized, the

company may designate certain employees to serve as Team Leaders to coordinate the efforts of

groups of employees. An employee designated as Team Leader will be compensated for such work at

one hundred and five percent of the rate of pay to which he would otherwise be entitled.

(d) Employees at the Intermodal facility governed by this agreement will be considered

"intermodal employees" and there will be no artificial barriers to their performing all of the functions

set forth in Section 1.

(e) Employees governed by this Agreement will be covered by the CSX Intermodal Health

and Dental plan administered by Aetna, as set forth in "APPENDIX A" of Agreement No. T-01-92,

as amended.

(f) Employees governed by this Agreement will be eligible to participate in a defined

contribution pension plan with employee contributions (401 K) permitted on either a pre-tax or after-

tax basis, or a combination of pre-tax and after-tax. Major terms of this plan are summarized in

"APPENDIX B" of Agreement No. T-01-92.

(g) Employees governed by this Agreement will be subject to the provisions of the Sick

Pay Rule, as set forth in "APPENDIX C" of Agreement No. T-01-92, as amended.

3. The Terminal Company and TCU agree to adopt the provisions of Agreement No. T-01-92,

as amended by Agreement Nos. T-01-96, T-02-96 and T-01-03, and as modified by paragraphs 1(a),

2(a) through (g), and 4(b) of this agreement. Within thirty days of the effective date of this

agreement, the parties will meet for the purpose of resolving any other issues concerning this

agreement.

4. (a) It is further understood that all work of this craft or class of Clerical, Office, Station

and Stores employees in the operations covered by this Agreement shall be performed by employees

holding seniority rights in and assigned to positions in the offices and departments at the location and

on the seniority district as shown in the agreement unless otherwise agreed in writing between the

management and the TCU.

(b) It is further understood and agreed that Terminal Company may use an outside

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contractor or contractors to perform lift, hostling and tie down work at Chambersburg Terminal.

5. This Agreement is without prejudice to the position of either party and shall remain in effect

until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.

AGREED TO this 20th day of June, 2007 at Jacksonville. FL.

TRANSPORTATION COMMUNICATIONS CSX INTERMODAL TERMINALS, INC INTERNATIONAL UNION /S/ M. W. Stokes /S/ M. S. Skipper _______________________________ ____________________________

M. W. Stokes, International Representative M.S. Skipper, Manager Labor Relations

/S/ D. L. Steele /S/ C. J. Wexel

_______________________________ ____________________________

D.L. Steele, International Vice President C. J. Wexel, Director Labor Relations

-168-


AGREEMENT

THIS AGREEMENT, by and between CSX INTERMODAL TERMINALS, INC. (“the Company”),

and its employees represented by the TRANSPORTATION COMMUNICATIONS

INTERNATIONAL UNION (“TCU” or “the Organization”) is made this 21st day of December, 2007

and modifies prior agreements between the parties.

IT IS AGREED:

ARTICLE I – WAGES

Section 1 - First General Wage Increase

On July 1, 2005, all daily rates of pay in effect on the preceding day for employees covered by

this Agreement shall be increased in the amount of two-and-one-half (2-1/2) percent. The increase

provided for in this Section 1 shall be applied as follows:

(a) Disposition of Fractions –


shall be rounded to the nearest whole cent, fractions less than one-half cent shall be dropped, and

fractions of one-half cent or more shall be increased to the nearest full cent.

(b) Application of Wage Increases –

The increase in wages provided for in this Section 1 shall be applied in accordance

with the wage or working conditions agreement in effect between the Company and the Organization.

Special allowances not included in fixed hourly, daily, weekly, or monthly rates of pay for all

services rendered, and arbitraries representing duplicate time payments, will not be increased.

Overtime hours will be computed in accordance with individual schedules for all overtime hours paid

for.

(c) COLA Payments

Any cost-of-living allowance amounts rolled in to basic rates of pay on or after July 1,

2005 pursuant to Article II, Part B of Agreement No. T-01-03 shall be excluded before application of

the general wage increases provided for in this Section 1 and eliminated from basic rates of pay after

application of such increases.


Effective July 1, 2006, all daily rates of pay in effect on June 30, 2006 for employees covered

by this Agreement shall be increased in the amount of three (3) percent. The increase provided for in


-169-







by this Agreement shall be increased in the amount of four (4) percent. The increase provided for in




by this Agreement shall be increased in the amount of four-and-one-half (4-1/2) percent. The increase


ARTICLE II – OPTIONAL ALTERNATIVE COMPENSATION PROGRAM

Section 1

The Company or Organization may propose alternative compensation arrangements for

consideration by the other party. Such arrangements may include, for example, stock options, stock

grants (including restricted stock), and bonus programs based on Company performance. The

proposed arrangement(s) may be implemented only by mutual agreement of the Company and the

appropriate representatives.

Section 2

The parties understand that neither the Company nor the Organization may be compelled to

offer any alternative compensation arrangement, and, conversely, neither the Company nor the

Organization may be compelled to agree to any proposal made under this Article.

ARTICLE III - COST-OF-LIVING PAYMENTS

Cost-of-Living Payments Under Agreement No. T-01-03.

Section 1

Article II, Part B, of Agreement No. T-01-03 shall be eliminated effective on the date of this

Agreement. All cost-of-living allowance payments made under that 2003 Agreement to employees

for periods on and after July 1, 2005 shall be recovered from any retroactive wage increase payments

made under Article I of this Agreement.

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ARTICLE IV - HEALTH AND WELFARE

PART A - Plan Changes

Section 1 - Continuation of Plan

The benefits now provided under the Health and Welfare Plan (“the Plan”), modified as

provided in this Article with respect to employees represented by the Organization and their eligible

dependents, will be continued.

Section 2 – Plan Benefit Changes

(a) The Plan’s Preferred Provider Organization (PPO) will continue to be offered to all

employees subject to changes described in Section 3 below.

(b) Hearing Benefits, up to a maximum of $600 per calendar year, are added for tests and

examinations to diagnose hearing loss, and for the cost of a hearing aid.

(c) The Plan life insurance benefit for active employees shall be increased to $20,000, and

the Plan’s maximum accidental death and dismemberment benefit for active employees shall be

increased to $16,000.

(d) In addition to the Plan’s existing coverage for cochlear implants, such implants for

diagnosis or treatment of hearing loss will be a covered health service.

(d) This Section shall become effective with respect to employees covered by this

Agreement as soon as practicable.

Section 3 – Plan Design Provisions

The Plan Design Provisions summarized below will become effective as soon as practicable,

but no later than February 1, 2008.

(a) Deductibles

The annual deductible for in-network services shall be $200/$400 (single/family). The

annual deductible for out-of-network services shall be $300/$900 (single/family).

(b) Out-of-Pocket Limits

The annual out-of-pocket maximum of $2,000/$4,000 (single/family) shall remain the

same for in-network benefits. The annual out-of-pocket maximum for out-of-network benefits shall

be $2,000/$4,000 (single/family).

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(c) Coinsurance

The Plan will continue to pay 90% for in-network care. The Plan will pay 75% for

out-of-network care.

(d) Office Visit Co-Payment

The office visit Co-Payment for in-network services will be $20.00 for each office

visit to a provider in general practice or who specializes in pediatrics, obstetrics-gynecology, family

practice or internal medicine, and $35.00 for each office visit to any other provider.

(e) Prescription Drug Co-Payment

(1) In-Network Retail Pharmacies

a. Generic Drug - $10.00;

b. Brand Name (non-generic) on Program Administrator’s Formulary –

$20.00;

c. Brand Name (non-generic) drug not on Program Administrator’s

Formulary - $30.00;

d. Brand Name (non-generic) drug on Program Administrator’s Formulary

that is not ordered by the patient’s physician by writing “Dispense as

Written” on the prescription and there is an equivalent generic drug -

$20.00 plus the difference between the generic drug and the brand

name (non-generic) drug;

e. Brand Name (non-generic) drug not on Program Administrator’s

Formulary that is not ordered by the patient’s physician by writing

“Dispense as Written” on the prescription and there is an equivalent

generic drug - $30.00 plus the difference between the generic drug and

the brand name (non-generic) drug.

(2) Mail Order Prescriptions

a. Generic Drug - $20.00;

b. Brand Name (non-generic) drug on Program Administrator’s

Formulary - $30.00;

c. Brand Name (non-generic) drug not on Program Administrator’s

Formulary - $60.00.

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Part B - Employee Sharing of Cost of H&W Plans

Section 1 - Monthly Employee Cost-Sharing Contributions

(a) By reference hereto, the parties agree that Article IV, Part B, Section 1 – Monthly

Employee Cost-Sharing Contributions – of the Mediation Agreement in Case No. A-13429, by and

between certain Carriers represented by the National Carriers’ Conference Committee and their

employees represented by the Transportation Communications International Union (the “National

Agreement”), will serve as an index for purposes of this section.

(b) On the effective dates and in the manner calculated under the National Agreement,

Employee Cost-Sharing Contributions hereunder shall be 70% of the per-month contributions

required by the National Agreement.


Employee cost-sharing contributions made pursuant to this Part shall be made on a pre-tax

basis pursuant to the existing Section 125 cafeteria plan to the extent applicable.

Section 3 - Retroactive Contributions

Retroactive employee cost-sharing contributions payable for the period on and after January 1,

2007 shall be offset against any retroactive wage payments provided to the affected employee under

Article I, Sections 1, 2 and 3 of this Agreement, provided, however, there shall be no such offset for

any month for which the affected employee was not obligated to make a cost-sharing contribution.

Section 4 – Prospective Contributions

For months subsequent to the retroactive period covered by Section 3, employee cost-sharing

contributions will be made for the employee by the employee’s employer. The employer shall deduct

the amount of such employee contributions from the employee’s wages and retain the amounts so

deducted as reimbursement for the employee contributions that the employer had made for the

employee.

ARTICLE V - EXTRA BOARDS

In lieu of the extra lists provided for by Rule 15 of Agreement T-01-92 (as amended), the

Company may, at its discretion, establish guaranteed extra boards in accordance with the following:

Section 1

(a) Extra boards may be established and maintained to cover operational needs and to

protect extra assignments and vacancies.

(b) The operations protected by each extra board and headquarters of each extra board

shall be established by the Company. The headquarters point may not be changed more frequently

than once each 60 days and only after at least 15 days’ written notice to the employee affected.

-173-

(c) The Company shall have the right to designate the number of positions on each

extra board. The number of positions on an extra board shall not exceed 30% or be less than 12% of

the number of positions involved in the operations protected by the extra board. Extra board

positions so established will be considered regular assignments under Rule 9 and other rules of the

Agreement.

Section 2

(a) A position on an extra board will be given an appropriate position number and bulletined

and awarded in accordance with Rule 9 of Agreement T-01-92 (as amended).

(b) An employee will be assigned to a position on the extra board on the basis of seniority.

When employees are displaced from an extra board, or a reduction is made to an extra board, the

employees affected will be the junior employees. When an extra board employee is displaced, he shall

exercise seniority within 3 days.

Section 3

(a) Employees assigned to the extra board will keep the telephone number(s) where they can

be contacted for work assignments on file with the Company's supervisor having jurisdiction over the extra

board involved.

(b) Extra board employees are subject to call at any time and must respond to all calls.

(c) The calling of extra board employees will start at least two (2) hours prior to the time they

are required to report for service, except in cases of mark off on short notice. When there are two (2) or

more vacancies on the same tour, the senior, qualified, extra employee may select the position he desires to

work, providing the other extra employees are qualified for the remaining vacancies at the straight time

rate. In the event the senior employee is required by the Company to work a lower rated position as a

result, he will be paid the highest rate of the two positions involved.

Section 4

(a) The extra board will operate on a seniority order basis.

(b) In the allocation of work protected by the extra board, extra employees, first out,

whose use would involve payment at the time and one-half rate, will not be used so long as there are

other available employees on the extra board involved who are qualified and available to perform the

work at the straight time rate.

(c) The Company will maintain a list of employees to be used to fill vacancies or perform

extra work at the overtime rate when there are no extra employees available to perform the work at

the straight time rate. An employee who desires to perform such service shall notify the proper

Company officer in writing listing positions for which he is qualified. Employees requesting such

work will be obligated to respond when called. Employees who have completed sixteen (16) hours of

continuous service, those who cannot protect their regularly assigned positions if called in advance

thereof, and employees who cannot fulfill the full eight (8) hours of their assigned positions, do not

stand to be used under this rule. Failure to respond when called may result in removal of the

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employee’s name from such lists for up to thirty (30) days unless satisfactory reason is given to the

supervisor.

(d) Such work shall be performed by those on the overtime list in seniority order.

(e) In the event that the overtime work remains unfilled, the junior qualified available


(f) As a last resort, the junior qualified employee on the seniority roster shall be required

to protect the vacancy. If the hours of assignment to which transferred are not the same as his regular


hours which are part of his regular assignment, and at the overtime rate for the hours outside of his

regular assignment.

Section 5

(a) Employees assigned to the extra board shall be assigned to qualify on the positions

protected thereby, and will be given full cooperation of the department heads and others in their effort

to qualify.

(b) Employees holding position on the extra board need not be called in order while being

qualified on positions covered by the list. Days for which extra board employees are paid for

qualifying will be considered the same as days worked and paid at the straight time rate.

(c) A reasonable length of time, not to exceed 30 calendar days, will be given to each

employee on the extra board in order to qualify on the positions for which he is deemed not qualified

by his supervisor. This time may be extended by mutual agreement between management and the

local chairman.

(d) Employees assigned to the extra board when called for assignments at other than their

headquarters location will be entitled to the allowances provided for in Rule 42 of Agreement T-01-

92.

Section 6

(a) Employees assigned to the extra board will be guaranteed five (5) straight time starts

or forty (40) hours straight time pay in the work week based on the rate of the lowest rated position

protected by the extra board. Payments to extra employees for jury duty, sick time, vacation,

holidays, etc. will be based on the rate of the lowest rated position protected by the extra board.

(b) Employees assigned to the extra list will be paid the rate of the position filled and may

be called for assignments of no less than 8 hours.

(c) Actual straight time hours worked or paid and up to eight (8) hours worked on a

holiday if not qualified for holiday pay will be utilized in computing the forty (40) hours guaranteed

under this Rule.

(d) The guarantee in item (a) hereof will be reduced by eight (8) hours for each day an

employee does not work due to:

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1. Not responding to a call.

2. Failure to report for work after having received a call.

3. Not being available for call during the entire calendar day.

(e) In the first week of assignment to the extra board by either award or displacement, the

forty (40) hour guarantee will be applied as follows:

1. Employees who begin assignment during the first three days of the work week will

be guaranteed forty (40) hours.

2. Employees who begin assignment on the fourth day of the work week will be

guaranteed thirty-two (32) hours.

3. Employees who begin assignment on the fifth day of the work week will be

guaranteed twenty-four (24) hours.

4. Employees who begin assignment on the sixth day of the work week will be

guaranteed sixteen (16) hours.

5. Employees who begin assignment on the seventh day of the work week will be

guaranteed eight (8) hours.

(f) For the purposes of this Rule, the work week will be a period of seven (7)

consecutive days beginning with Saturday. Extra board employees will be worked on a seniority

basis. Sixteen (16) hours’ rest will be required between shifts, except the extra employee with the

longest rest will be used if none available with sixteen hours’ rest. The pay rating of extra employees

will be the pro rata of the position on which relieving or assisting, except time and one-half rate will

apply for the portion of a shift within sixteen (16) hours of previous service and for all time beyond

forty (40) hours in the work week beginning with Saturday.

(g) If at the end of the work week described in item (f) hereof, an employee assigned to

the extra board has not received the guarantee provided in item (a) of this paragraph, an additional

payment will be made at the pro rata rate of the lowest rated position protected by the extra board to

equal the guarantee.

Section 7

(a) The Company shall have the right, in order to satisfy the requirements of Section 6 (a)

of this Rule, to use an extra employee for a second tour of duty at the straight time rate, on Thursday

and Friday, after the expiration of 22 hours from the starting time of his previous tour of duty.

(b) Where entry rates are applicable to employees holding extra board positions, such

entry rates will govern all payments made under this Agreement.

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(c) A known vacancy may be filled and scheduled in advance by assigning an extra board

employee, in seniority order, to the vacancy.

(d) At terminals with guaranteed extra boards, a furloughed employee will not be subject

to call.

ARTICLE VI -GENERAL PROVISIONS


(a) The purpose of this Agreement is to settle the disputes growing out of the notice

served upon the Organization by the Company on or subsequent to November 1, 2004 (including any

notices outstanding as of that date), and the notices served by the Organization signatory hereto upon

the Company on or subsequent to November 1, 2004 (including any notices outstanding as of that

date).

(b) This Agreement shall remain in effect through December 31, 2009, and thereafter until


(c) No party to this Agreement shall serve or progress, prior to November 1, 2009 (not to

become effective before January 1, 2010), any notice or proposal.

(d) This Article will not bar the Company and the Organization from agreeing upon any


Signed this 21st day of December, 2007, in Jacksonville, Florida.



/S/ M. W. Stokes /S/ C. J. Wexel

___________________________________ ____________________________________

M. W. Stokes, International Representative C. J. Wexel, Director-Labor Relations

/S/ R. C. Oathout

___________________________________

R. C. Oathout, International Representative

/S/ D. L. Steele

___________________________________

D. L. Steele, International Vice President

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December 21, 2007

#1

Mr. David L. Steele

TCU International Vice President

P.O. Box 19209

Chattanooga, TN 37416-9209

Dear Mr. Steele:

This confirms our understanding with respect to the general wage increases provided for in

Article I, Sections 1, 2 and 3 of the Agreement of this date.

The Company will make all reasonable efforts to pay the retroactive portion of such general

wage increases as soon as possible and no later than sixty (60) days after the date of this Agreement.

If the Company finds it impossible to make such payments by that date, it shall notify you in

writing explaining why such payments have not been made and indicating when the payments will be

made.

Very truly yours,

/S/ C. J. Wexel

____________________________

Carl J. Wexel



I agree:

/S/ D. L. Steele

______________________________

D. L. Steele

-178-

December 21, 2007

#2

Mr. David L. Steele


P.O. Box 19209


Dear Mr. Steele:

This refers to the increase in wages provided for in Sections 1, 2 and 3 of Article I of the

Agreement of this date.


employees who had an employment relationship with the Company on the date of this Agreement or

who retired or died subsequent to June 30, 2005.


Very truly yours,

/S/ C. J. Wexel

____________________________

Carl J. Wexel



I agree:

/S/ D. L. Steele

______________________________

D. L. Steele

-179-

December 21, 2007

#3

Mr. David L. Steele


P.O. Box 19209


Dear Mr. Steele:

This will confirm our understanding with respect to the Agreement of this date (Agreement).

The provisions of Article IV, Part B (Employee Sharing of Cost of H&W Plans) are not applicable to

employees covered by the Agreement who reside in Canada.

This will also confirm that existing contractual arrangements concerning Opt-Outs are not

applicable to employees covered by the Agreement who reside in Canada.


Very truly yours,

/S/ C. J. Wexel

_______________________________

Carl J. Wexel


I agree:

/S/ D. L. Steele

______________________________

D. L. Steele

-180-

December 21, 2007

#4

Mr. David L. Steele


P.O. Box 19209


Dear Mr. Steele:

This refers to our discussion regarding the Company’s proposal to revise the starting time

restrictions contained in Agreement T-01-92 (as amended) and Agreement TN-01-98 (as amended).

During this discussion, it was agreed that the starting time provisions of Agreement T-01-92

(as amended) and Agreement TN-01-98 (as amended) would be replaced by the following:

(a) All regular assignments shall have fixed starting times. An employee’s starting time may

be advanced or delayed up to 2 hours depending on operational requirements. An employee whose

starting time is advanced or delayed will be given as much advance notice as possible but no less than

8 hours’ notice. Variable or staggered starting times that are based on operational requirements are

not prohibited by this rule.

(b) When the established starting time of a regular position is changed more than one (1) hour

for more than five (5) consecutive days, or when the total difference in starting time has been changed

more than two (2) hours, by small changes over a twelve (12) month period, the employees affected

may within seven (7) calendar days thereafter, upon twenty-four (24) hours’ advance notice, exercise

their seniority rights to any position held by a junior employee. Other employees affected may

exercise their seniority in the same manner.

When the established starting time of any shift of a regularly established relief position is

changed more than one (1) hour, or when the total difference in starting time has been changed more

than two (2) hours, by small changes over a twelve (12) month period, employees affected may

exercise seniority rights as outlined in preceding paragraph. Starting time of regularly established

relief assignments will be the same as that of the position relieved.

(c) When the starting time of a position is changed as much as four (4) hours, or when the total

difference in starting time has been changed as much as four (4) hours, by small changes over a twelve

(12) month period, it shall be bulletined under the terms of Rule 9 of Agreement T-01-92 (as amended) or

Rule 5 of Agreement TN-01-98 (as amended). The incumbent may remain on the position until it is

assigned, or he may exercise his seniority rights as outlined in paragraph (c).

(d) Changing starting time of an entire office or department, by mutual agreement between the

official in charge and the local Chairman, or changes because of Daylight Savings Time, or changes in

zones of Standard Time, do not provide displacement rights as named in this rule.

(e) As a result of “Daylight Savings Time”, which requires that clocks will be advanced by

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one hour in the spring and turned back one hour in the fall, individual employees who are employed

on the third shift at the time of the changes shall be compensated as follows:

1. Those employees working on the third shift in the spring who receive eight (8) hours’

compensation for seven (7) hours’ work and who are also working the third shift in fall

when the clock is changed will receive eight (8) hours’ compensation for the necessary

nine (9) hours’ work.

2. Those employees who do not benefit by the clock change in the spring but who are working

the third shift when the clock is changed in the fall will be compensated for time required to

work in excess of eight (8) hours at the time and one-half rate of pay.

(f) Regularly assigned rest days shall not be changed without at least three (3) days’ notice on

standard form posted on bulletin boards with copy to the employee affected and to the Local

Chairman.

(g) When assigned rest days are changed, the employee affected may within seven (7)

calendar days thereafter and upon twenty-four (24) hours’ advance notice to proper officer with copy

to the Local Chairman exercise displacement rights. No reduction in weekly guarantee shall be made

by reason of such changes nor shall punitive pay apply when the change necessitates more than five

(5) consecutive days’ work in the work week.

(h) At terminals covered by Agreement TN-01-98 (as amended), no more than 20% of the

assignments shall have a starting time between 12:00 Midnight and 4:00 A.M.


Very truly yours,

/S/ C. J. Wexel

_____________________________

Carl J. Wexel



I agree:

/S/ D. L. Steele

_____________________________

D. L. Steele

-182-

December 21, 2007

#5

Mr. David L. Steele


P.O. Box 19209


Dear Mr. Steele:

This confirms our understanding regarding Article IV, Part B of the Agreement of this date.

If the initial deduction from an employee’s wages for his monthly cost-sharing contribution

pursuant to Article IV, Part B, Section 4 is scheduled to be made at the same time as the payroll

deduction for the employee’s union dues, the union dues deduction may be made on a subsequent

date mutually agreeable to the parties.


Very truly yours,

/S/ C. J. Wexel

____________________________

Carl J. Wexel



I agree:

/S/ D. L. Steele

__________________________________

D. L. Steele

-183-

December 21, 2007

#5A

Mr. David L. Steele


P.O. Box 19209


Dear Mr. Steele:

This refers to our discussions regarding the establishment of assignments consisting of 4 days

of 10 hours each.

During these discussions, it was agreed that assignments consisting of 4 days of 10 hours each

may be established at the terminals governed by Agreement T-01-92 (as amended) and Agreement

TN-01-98 (as amended) with the concurrence of the Company and the International Representative.


Very truly yours,

/S/ C. J. Wexel

__________________________

Carl J. Wexel



I agree:

/S/ D. L. Steele

___________________________

D. L. Steele

-184-

December 21, 2007

#6

Mr. David L. Steele


P.O. Box 19209


Dear Mr. Steele:

This confirms our understanding regarding the Agreement of this date.

The parties concur that the hypothetical example set forth in Attachment A to this letter

describes the methodology concerning the (i) computation of gross retroactive pay and retroactive

H&W cost-sharing that shall be utilized by the Company in determining the net retroactive amount

payable to a covered employee under the terms of this Agreement, and (ii) determination of the

hourly rate of pay produced by application of the general wage increases provided for in Article I of

this Agreement.


Very truly yours,

/S/ C. J. Wexel

______________________________

Carl J. Wexel



I agree:

/S/ D. L. Steele

____________________________

D. L. Steele

-185-

ATTACHMENT A

TCU Retroactive Pay, H&W Cost-Sharing, Hourly Rate

ASSUMPTIONS:

Effective date of new agreement is January 1, 2008.

Employee’s hourly rate as of 6/30/05 is $18.30.

Employee works 191 hours per month (2287/year), all at straight time.

Following GWI’s are applicable:

7/1/05 2.5%

7/1/06 3.0%

7/1/07 3.0%

Employee is obligated to make a cost-sharing contribution for each month during period

1/1/07 through 12/31/07.

1. Gross Retroactive Pay

Employee would be due the following in retroactive pay:

a. For period 7/1/05 through 6/30/06:

$0.46* x 2287 hours = $1,052.02

* $18.30/hr x 1.025 = $18.76

b. For period 7/1/06 through 6/30/07:

$1.02* x 2287 hours = $2,332.74

* $18.76 x 1.03 = $19.32

c. For period 7/1/07 through 12/31/07:

$1.60* x 1144 hours = $1,830.40

* $19.32 x 1.03 = $19.90

d. Total gross retroactive pay of $5,215.16

2. COLA Credit (1/1/05 through 12/31/07)


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$0.15 x 191 x 6 = $171.90


$0.46 x 191 x 6 = $527.16

c. For period 7/1/06 through 12/31/06:

$0.47 x 191 x 6 = $538.62

d. For period 1/1/07 through 6/30/07:

$0.62 x 191 x 6 = $710.52

e. For period 7/1/07 through 12/31/07:

$0.72 x 191 x 6 = $825.12

f. Total COLA credit = $2,773.32

3. Retroactive H &W Cost-Sharing (1/1/07 through 12/31/07)

Employee would owe the following in retroactive H&W cost-sharing (to recover employee

share of yearly Plan cost increases for period in excess of cost-sharing amounts already paid):


$19.99* x 6 = $119.94

* $116.38 (cost-sharing amount effective 1/1/07) - $96.39

(cost-sharing amount actually paid effective 1/1/07) = $19.99


$13.26* x 6 = $79.56

* $116.38 - $103.12 (cost-sharing amount effective 7/1/07) = $13.26

c. Total Retroactive H&W Cost Sharing: $199.50

4. Net retroactive payment

Gross Retroactive Pay: $5,215.16

Subtract COLA Credit: 2,773.32

$2,441.84

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Subtract Retroactive $ 199.50

H&W Cost-Sharing

Net Retroactive Pay: $2,242.34

5. Hourly Rate Effective 01/01/08

$18.30* x 1.025 x 1.03 x 1.03 = $19.90 (rounded)

* Hourly Rate on 6/30/05

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December 21, 2007

#7

Mr. David L. Steele


P.O. Box 19209


Dear Mr. Steele:

This refers to our discussions regarding the Organization’s retirement security proposal.

During these discussions, it was agreed that the Company shall contribute, on behalf of each

employee, in each pay period, to the 401(k) Capital Builder Plan $.30 per hour for each hour for

which the employee receives pay, up to a maximum of 2080 hours per year.

Furthermore, for any year in which the Company meets its MICP performance level target, the

Company shall contribute to the 401(k) Capital Builder Plan an additional $.10 per hour for each hour

for which employees in all job classifications covered by this Agreement received pay, up to a

maximum of 2080 hours per year. This additional contribution shall be reduced to $.04 per hour for

any year in which the Company fails to meet its MICP performance level target but achieves its

threshold performance level target.


Very truly yours,

/S/ C. J. Wexel

___________________________

Carl J. Wexel



I agree:

/S/ D. L. Steele

________________________________

D. L. Steele

-189-

December 21, 2007

#8

Mr. David L. Steele


P.O. Box 19209


Dear Mr. Steele:

This confirms our understanding with respect to the Agreement of this date.

An employee's obligation for (i) retroactive health and welfare cost-sharing contributions and

(ii) repayment of cost-of-living amounts under this Agreement shall in no event exceed the

retroactive portion of the general wage increases payable to such employee under this Agreement.

This understanding is non-precedential and without prejudice to any position that the

Company may take subsequently with respect to similar or related issues.


Very truly yours,

/S/ C. J. Wexel

____________________________

Carl J. Wexel



I agree:

/S/ D. L. Steele

______________________________

D. L. Steele

-190-

Agreement T-01-12

AGREEMENT

THIS AGREEMENT, by and between CSX INTERMODAL TERMINALS, INC. (“CSXIT” or “the

Company”), and its employees represented by the TRANSPORTATION COMMUNICATIONS

UNION/IAM (“TCU” or “the Organization”) is made this 5th day of March 2012 and modifies

agreements T-01-92 (as amended) and TN-01-98 (as amended) between the parties.

IT IS AGREED:

ARTICLE I – WAGES

Section 1 - First General Wage Increase

On July 1, 2010, all daily rates of pay in effect on the preceding day for employees covered by

this Agreement shall be increased in the amount of two (2) percent. The increase provided for in this

Section 1 shall be applied as follows:



shall be rounded to the nearest whole cent, fractions less than one-half cent shall be dropped,

and fractions of one-half cent or more shall be increased to the nearest full cent.


The increase in wages provided for in this Section 1 shall be applied in

accordance with the wage or working conditions agreement in effect between the

Company and the Organization party hereto. Special allowances not included in fixed

hourly, daily, weekly, or monthly rates of pay for all services rendered, and arbitraries

representing duplicate time payments, will not be increased. Overtime hours will be

computed in accordance with individual schedules for all overtime hours paid for.



by this Agreement shall be increased in the amount of two-and-one-half (2.5) percent. The increase




by this Agreement shall be increased in the amount of four-and-three-tenths (4.3) percent. The

increase provided for in this Section 3 shall be applied in the same manner as provided for in Section

1 hereof.

-191-







by this Agreement shall be increased in the amount of three-and-eight-tenths (3.8) percent. The

increase provided for in this Section 5 shall be applied in the same manner as provided for in Section

1 hereof.

Section 6 - Sixth General Wage Increase

Effective January 1, 2015, all daily rates of pay in effect on December 31, 2014 for employees

covered by this Agreement shall be increased in the amount of three (3) percent. The increase


ARTICLE II – LUMP SUM PAYMENT

(a) A lump sum payment shall be made to each employee subject to this Agreement who

has an employment relationship with the carrier as of the date such lump sum is paid or who has

retired or died subsequent to October 31, 2010. Such lump sum shall be paid no later than ninety (90)

days after the date of this Agreement. There shall be no duplication of lump sum payments by virtue

of employment under an agreement with another organization.

(b) The lump sum amount payable to an eligible employee shall be a lump sum equivalent

to one (1) percent of straight time earnings paid to that employee for the twelve month period

November 1, 2010 through October 31, 2011, after application of the July 1, 2010 and July 1, 2011

general wage increases provided for in Article I.

ARTICLE III - HEALTH AND WELFARE

Part A - Plan Changes

Section 1 - Continuation of Plans

The benefits now provided under the CSXIT Health and Welfare Plan with respect to

employees represented by the Organization and their eligible dependents will be continued, without

change, subject to the provisions of the Railway Labor Act.

Section 2 – Dental Care

The benefits now provided under the CSXIT Dental Plan with respect to employees

represented by the Organization and their eligible dependents will be continued, without change,

subject to the provisions of the Railway Labor Act.

-192-

Section 4 – Vision Care

The benefits now provided under the CSXIT Vision Care Plan with respect to employees

represented by the Organization and their eligible dependents will be continued, without change,

subject to the provisions of the Railway Labor Act.

Part B - Employee Sharing of Cost of H&W Plans

Section 1 - Monthly Employee Cost-Sharing Contributions

On the effective dates and in the manner calculated under the National Agreement, employee

cost-sharing contributions hereunder shall be seventy (70) percent of the per-month contributions

required by the National Agreement. (See National Agreement contribution requirements below)

Article III, Part B, Section 1 of the 2012 National Clerical Agreement (Case No. A-13569)

(a) Effective January 1, 2010 through December 31, 2011, the employee monthly cost-

sharing contribution amount shall be $200.00.

(b) Effective January 1, 2012, each employee covered by this Agreement shall contribute

to the Plan, for each month that his employer is required to make a contribution to the Plan on his

behalf for foreign-to-occupation health benefits coverage for himself and/or his dependents, a

monthly cost-sharing contribution in an amount equal to the lesser of fifteen percent (15%) of the

Carriers' Monthly Payment Rate for 2012 or $200.00.

(c) The employee monthly cost-sharing contributions amount shall be adjusted, effective

July 1, 2016, so as to equal the lesser of fifteen percent (15%) of the Carrier's Monthly Payment Rate

for 2016 or $230.00, unless otherwise mutually agreed by the parties during negotiations

commencing when this Agreement becomes amendable pursuant to Article IV.

(d) For purposes of subsections (b) and (c) above, the "Carriers' Monthly Payment Rate"

for any year shall mean one twelfth of the sum of what the carriers' monthly payments to –

(1) the Plan for foreign-to-occupation employee and dependent health benefits,

employee life insurance benefits and employee accidental death and

dismemberment insurance benefits;

(2) the Dental Plan for employee and dependent dental benefits; and

(3) the Vision Plan for employee and dependent vision benefits, would have been

during that year, per non-hospital association road employee, in the absence of

any employee contributions to such Plans.


Employee cost-sharing contributions made pursuant to this Part shall be made on a pre-tax

basis pursuant to the existing Section 125 cafeteria plan to the extent applicable.

-193-

Section 3 - Method of Making Employee Cost-Sharing Contributions

Employee cost-sharing contributions will be made for the employee by the employee's

employer. The employer shall deduct the amount of such employee contributions from the employee's

wages and retain the amounts so deducted as reimbursement for the employee contributions that the

employer had made for the employee.

ARTICLE IV -GENERAL PROVISIONS


(a) The purpose of this Agreement is to settle the disputes growing out of the notice

served upon the Organization by the Company on or subsequent to November 1, 2009 (including any

notices outstanding as of that date), and the notices served by the Organization signatory hereto upon

the Company on or subsequent to November 1, 2009 (including any notices outstanding as of that

date).

(b) This Agreement shall remain in effect through December 31, 2014, and thereafter until


(c) No party to this Agreement shall serve or progress, prior to November 1, 2014 (not to

become effective before January 1, 2015), any notice or proposal.

(d) This Article will not bar the Company and the Organization from agreeing upon any


SIGNED AT JACKSONVILLE, FLORIDA THIS 5th DAY OF MARCH, 2012.


Union:

/S/ D. L. Steele /S/ J. M. Willis

______________________________ ____________________________________

D. L. Steele, National Vice President J. M. Willis, Director Labor Relations

/S/ S.L. Boyd /S/ M.S. Skipper

___________________________________ ___________________________________

S. L. Boyd, National Representative M. S. Skipper, Manager Labor Relations

-194-

March 5, 2012

Side Letter #1

Mr. David L. Steele

TCU National Vice President

5885 Richard Street


Dear Mr. Steele:

This confirms our understanding with respect to the general wage increases provided for in

Article I, Sections 1 and 2 of the Agreement of this date.

The Company will make all reasonable efforts to pay the retroactive portion of such general

wage increases as soon as possible and no later than sixty (60) days after the date of this Agreement.

If the Company finds it impossible to make such payments by that date, it shall notify you in

writing explaining why such payments have not been made and indicating when the payments will be

made.

Very truly yours,

/S/ J. M. Willis

John M. Willis



I agree:

/S/ D. L. Steele

______________________________

D. L. Steele


-195-

March 5, 2012

Side Letter #2

Mr. David L. Steele


5885 Richard Street


Dear Mr. Steele:

This refers to the increase in wages provided for in Sections 1 and 2 of Article I of the

Agreement of this date.


employees who had an employment relationship with the Company on the date of this Agreement or

who retired or died subsequent to June 30, 2010.


Very truly yours,

/S/ J. M. Willis

John M. Willis



I agree:

/S/ D. L. Steele

______________________________

D. L. Steele


-196-

March 5, 2012

Side Letter #3

Mr. David L. Steele


5885 Richard Street


Dear Mr. Steele:

This confirms our understanding with respect to Article I, Section 6 of the Agreement of this

date.

Article I, Section 6 of the Agreement provides for a three (3) percent general wage increase

effective January 1, 2015. Article IV, Section 2(c) of the Agreement provides that the parties to the

Agreement may serve and progress notices or proposals to amend the Agreement and other existing

agreements on or after November 1, 2014 (not effective before January 1, 2015) (“2015 Bargaining

Notices”).

This will confirm our understanding that if disposition of the 2015 Bargaining Notices is

referred to any third party (including but not limited to a Presidential Emergency Board or arbitration

board), this Letter may be provided to such body to confirm the parties’ mutual understanding that

Article I, Section 6 was intended to constitute a complete resolution of the compensation adjustment

issue for calendar year 2015.


Very truly yours,

/S/ J. M. Willis John M. Willis



I agree:

/S/ D. L. Steele

_____________________

D. L. Steele


-197-

March 5, 2012

Side Letter #4

Mr. David L. Steele


5885 Richard Street


Dear Mr. Steele:

This confirms our understanding that Agreement T-01-12 has no applicability to CSXIT

employees working under Agreements NWO-01-10 (Northwest Ohio) and LVL-01-11 (Louisville).

As previously agreed, negotiations relative to general wage increases (GWI) for employees

covered by NWO-01-10 and LVL-01-11 have been deferred pending outcome of national handling

between the National Carrier’s Conference Committee and the Employee’s National Negotiating

Committee, or until either party serves written notice upon the other of its desire to commence

negotiations.

However, the parties agree to commence GWI discussions relative to the above referenced

Agreements within the next sixty (60) days.


Very truly yours,

/S/ J. M. Willis John M. Willis



I agree:

/S/ D. L. Steele

_____________________

D. L. Steele


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March 5, 2012

Side Letter #5

Mr. David L. Steele


5885 Richard Street


Dear Mr. Steele:

This refers to our understanding that Agreement T-01-12, signed this date, is subject to

approval of the TCU National President and TCU membership ratification.

If this correctly reflects our discussions and understanding, please indicate your agreement by

affixing your signature in the space provided below.

Sincerely,

/S/ J. M. Willis

John M. Willis



Agreed:

/S/ D. L. Steele

_____________________

D. L. Steele


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Memorandum Agreement Between

CSX Intermodal Terminals, Inc. (CSXIT)

and

Transportation Communications Union / IAM

PREAMBLE

This agreement made between CSX Intermodal Terminals, Inc. (“The Company”) and

Transportation Communications Union / IAM (“TCU”) is being entered into in order to set

forth the benefits, rights, work rules, and other entitlements pertaining to all TCU-represented

employees covered by Agreement TN-01-98, as amended, who are being transferred to and

covered by Agreement T-01-92, as amended.

Except as expressly set forth herein, those TCU-represented employees formerly covered by

Agreement TN-01-98 shall be transferred to and covered by all provisions of Agreement T-

01-92, as amended, effective as of the date set forth below.

WHEREFORE, IT IS HEREBY AGREED:

1. Rates of Pay

(a) Effective March 31, 2012, all TCU-represented employees covered by Agreement TN-

01-98, as amended, will be transferred to the coverage of Agreement T-01-92, as

amended.

(b) Any employee(s) under Agreement TN-01-98 receiving an 85% or 90% entry rate will

commence receiving the 95% entry rate on the effective date of this Understanding.

Thereafter, on March 31, 2013, said employee(s) will be paid the full daily rate, currently

$172.89.

(c) Any employee(s) currently receiving the 95% rate will continue to do so until he reaches

his scheduled step progression at which time he will be paid the full daily rate of

$172.89.

(d) All employees occupying a position under Agreement TN-01-98 will continue to receive

the rate of the position (currently $172.89 per day), subject to: the applicable step

progression rates set forth in paragraphs (b) and (c) above; a “Red Circled” Employee

Maintenance Rate (EMR); the Railroad Retirement Gross-Up Rate; or a protected rate of

pay under any Job Stabilization Agreement (JSA) or other protective arrangement;

whichever is greater, plus any subsequent General Wage Increase (GWI) negotiated

between the parties.

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(e) Employees hired after the effective date of this Understanding will receive the applicable

daily rate of pay for the position to which assigned under Agreement T-01-92, as

amended.

2. Seniority Districts

All seniority districts established pursuant to Agreement TN-01-98 will transfer to and

become a part of the rules governing seniority districts contained in Agreement T-01-92.

3. Contractors

(a) This confirms that the following work is performed, either in whole or in part, by outside

contractors at the following locations:

Clerical and Lift Work: Boston, MA (Beacon Park); North Bergen, NJ;

Syracuse, NY, Worchester, MA, Chicago, IL (63rd

Street); Cleveland, OH;

Indianapolis, IN.

Lift Work: West Springfield, MA, South Kearney, NJ; Buffalo, NY; Columbus,

OH; East St. Louis, IL; and Detroit, MI.

(b) In the event the Company terminates its arrangements with said outside contractors and

hires its own employees to perform work which is acknowledged to be consistent with

the work described in the above paragraph as accruing to the TCU-represented

employees at the above locations, such work will be covered under the Scope of

Agreement T-01-92.

4. 401(k) Match Eligibility

Any employees under Agreement TN-01-98 who have been previously excluded from the

401(k) Company match set forth in Agreement T-01-92 will hereafter be eligible to receive

the 401(k) matching Company contribution on the effective date of this MOU.

5. Promotion to Official or Excepted Positions

(a) Employees covered by Agreement T-01-92, as amended, who have heretofore been

promoted to and now occupy official or excepted full time positions with the Company

or the Organization, and employees who may hereafter be promoted to any such

positions either with the Company or the Organization, shall retain all their agreement

rights and continue to accumulate seniority in the district(s) from which promoted.

When official or excepted positions are filled by other than employees holding seniority

under the respective rules of Agreement T-01-92, as amended, no seniority shall be

established by such employment to positions covered by the Scope of Agreement T-01-

92, as amended.

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(b) Employees holding seniority rights under Section (a) shall, in the event they are

demoted, laid off or have occasion to leave their position relating to circumstances

beyond their election, be privileged to exercise a displacement right under schedule

rules, provided they avail themselves of this opportunity within fifteen (15) days of such

action.

(c) Employees holding seniority rights who desire to return to a position covered by

Agreement T-01-92 because of their own election, may assert their seniority only by

bidding on vacancies. However, they must exercise such right by bidding upon the first

open vacancy to which their seniority and qualifications entitle them, after so demoting

themselves. Failure to do so will result in forfeiture of all seniority covered by

Agreement T-01-92.

(d) Nothing in this Understanding shall prevent employees described in Section (a) from

bidding on vacancies, should they so elect, prior to leaving a position covered by Section

(a).

(e) Employees exclusively employed by the Organization or promoted to a management

position with the Company who have been on leave of absence, shall, upon return to

active service, be considered as having been in continuous compensated service of the

Company for the purpose of calculating qualifying years of service for vacation, sick

leave, bereavement, and personal leave days.

6. Extra Board

Employees assigned to an extra list at: Buffalo, NY; Columbus, OH; Detroit, MI; East St.

Louis, IL; South Kearney, NJ; and, West Springfield, MA; will continue to be guaranteed five

(5) work days or forty (40) hours pay in each work week, commencing on Saturday. All call

times will remain as constituted at these locations. Except as provided above, all other extra

list/board rules contained in Agreement T-01-92 apply.

7. Amendment to Rule 13

In the application of Rule 13 of Agreement T-01-92, if the Company requires a displaced

employee to assist in the qualification of a senior employee who made the displacement, the

applicable displacement period will not commence until the displaced employee being

required to assist by the Company is released from the assignment.

8. Incumbency

Rule 21 of Agreement T-01-92 is hereby amended to include the following paragraph: (d) At

all former locations covered by Agreement TN-01-98: Buffalo, NY; Columbus, OH; Detroit,

MI; East St. Louis, IL; South Kearney, NJ; and, West Springfield, MA; in working daily

overtime, incumbents of the positions requiring overtime shall be given preference.

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9. Reporting and Not Used

Amend last sentence of Rule 25 (a) of T-01-92 to read: If an employee works any portion of

the day he will be paid in accordance with existing rules except when, through no fault of

their own are released before a full day’s work is performed, they will be paid not less than

eight (8) hours at the straight time rate of pay.

10. Sick Pay

Unused sick leave accumulated by an employee under Rule 38 of Agreement TN-01-98 shall

initially be credited to the sick leave account of the employee under the Sick Leave Plan

covered by Agreement T-01-92, up to the maximum number of days that would have been

permitted to be carried over and accumulated under the employee’s sick leave plan in effect

immediately prior to the effective date of this Understanding.

In determining the 2012 sick leave allotment for those employees transferring under this

agreement, each employee will receive credit for 25% of the days he/she would have earned

under Agreement TN-01-98 and for 75% of the days he/she would have earned under

Agreement T-01-92. In the event that the application of this formula results in fractions of a

day, the fraction shall be rounded to the nearest whole day. Fractions less than one-half day

shall be dropped, and fractions of one-half day or more shall be increased to the nearest full

day.

Thereafter, in subsequent years, employees shall be eligible to receive 100% of the sick pay

entitlement provided under Agreement T-01-92 based on their respective years of service.

11. Notification of New Hires

Commencing March 31, 2012, and at the completion of each quarter thereafter, the Company

will provide the National Representative of the Organization with a listing of all new hires

with the Company.

12. Credit for Previous Service

Employees formerly covered by Agreement TN-01-98 shall be credited with prior years of

service for vacation, personal leave, protective benefits, including Rule 59 Job Stabilization

Agreement, and all other benefits which are granted on the basis of qualifying years of service

in the same manner as though all such time spent had been in the service of Agreement T-01-

92.

13. General

(a) Where rules, other agreements, and practices conflict with this MOU, the provisions of

this MOU shall apply. There shall be no duplication or pyramiding of benefits

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receivable by an employee transferring from Agreement TN-01-98 to Agreement T-01-

92.

(b) The Company will provide all employees formerly covered by Agreement TN-01-98

with a copy of Agreement T-01-92.

(c) References to gender in this MOU are understood to include both masculine and

feminine gender.

(d) This MOU and its application to and association with Agreement T-01-92, as amended,

shall supersede Agreement TN-01-98.

For Transportation Communications Union / IAM: For CSX Intermodal Terminals, Inc.:

_____________________________ _____________________________

D.L. Steele J.M. Willis

National Vice President Director Labor Relations

_____________________________ _____________________________

S. L. Boyd M.S. Skipper

National Representative Manager Labor Relations

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