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APPENDIX B A G R E E M E N T between the UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and the BROTHERHOOD OF LOCOMOTIVE ENGINEERS PART I ESTABLISHMENT OF INTERDIVISIONAL SERVICE* Section 1. In accordance with Section 1 of Article VIII of-the National Agreement dated May 13, 1971 and subject to the provisions of Section 2 of this Part I, the Company may establish interdivisional service as set forth below:
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(j) Between Denver, Colorado and Rawlins, Wyoming.
Section 2 Any of the runs set forth in Section 1, Part I above may be placed in effect by the Carrier upon service on the Organization of a 60-day written notice. Section 3. The establishment of interdivisional service other than as specifically provided for in Section 1, Part I shall be subject to the provisions of Article VIII of the National Agreement dated May 13, 1971. PART II MILEAGE ALLOWANCES AND EQUALIZATION OF MILEAGE Section 1. In interdivisional service all miles run over one hundred (100) shall be paid for at the mileage rate established by the basic rate of pay for the first one hundred (100) miles or less. Section 2. The Superintendent of the Company, or is designated representative, and Local Chairmen of the BLE will meet periodically for the purpose of making whatever adjustments are necessary to maintain a proper equalization of mileage between the affected districts. PART III RULES CHANGES On and after the effective date of written notice ' served pursuant to Section 2, Part I, of this Agreement the following rules changes will be effective only for engineers actually engaged in interdivisional service established pursuant to such written notice
(b) Paragraph (a) of Rule 17 "Overtime" will be modified as follows:
PART IV RETIREMENT ALLOWANCES Section 1. Engineers on affected seniority districts may, at the Company's option, be given an opportunity to resign and accept a retirement allowance. The amount of the retirement allowance will be based upon the age of the engineer as of his nearest birthday on the date such allowance is offered. The amount of the allowance will be:
In determining retirement allowances, the appropriate number of months' pay will correspond with the earnings in the number of months provided immediately preceding the last day of compensated service. For the purpose of this Agreement, the ages and birth dates of engineers will be those shown in the records of the Carrier. Section 2. The acceptance of the retirement allowance shall be at the option of the eligible engineer to whom offered. Acceptance shall be in writing, shall be irrevocable and shall be received by the officer offering the allowance within fifteen (15) calendar days of receipt of such offer. Section 3. An eligible engineer who elects to accept and is awarded an allowance shall thereupon terminate his employment relationship with the Carrier, and the effective date of such termination shall be that date so specified by the Carrier and such date shall be within thirty (30) days of the date of the offer unless otherwise agreed by the parties hereto. A minimum of fifteen (15) calendar days' advance notice of the date of termination of employment shall be given the engineer offered a retirement allowance. Section 4. The allowance provided in this Part IV shall be paid within sixty (60) calendar days of the date of the termination of employment relationship of the eligible engineer, except at the option of the eligible engineer, the allowance may be paid in two (2) or three (3) annual installments on the anniversary date of termination. Section 5. The retirement allowance herein provided for will be in addition to any vacation allowance to which an engineer accepting said retirement allowance is entitled as of the date of his retirement. PART V EMPLOYS PROTECTION Every engineer adversely affected either directly or indirectly as a result of the establishment of interdivisional service under this Agreement 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 purposes of this Agreement, Section 7(a) 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 Sections 6 and 7 be increased by any subsequent general wage increases. PART VI CHANGES OF RESIDENCE Any engineer required to change his residence under this Agreement 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 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. PART VII MISCELLANEOUS PROVISIONS Section 1. When an engineer engaged in interdivisional service is required to report for duty for an interdivisional service train or is relieved from duty on an interdivisional service train at a point other than the on and off duty points fixed for the service established hereunder, the Company shall authorize and provide suitable transportation for the engineer.
Section 2. When, in the judgment of the Company, it is necessary because of engineers operating over unfamiliar territory, pilots may be called to accompany such engineers for such period and over such territory determined by the Company. Section 3. Non-interdivisional service will continue to be manned by engineers from the seniority district over which such non-interdivisional service operates. Section 4. On interdivisional runs established under this Agreement engineers will be allowed a $1.50 meal allowance after 4 hours at the away-from-home terminal and another $1.50 allowance after being held an additional 8 hours. Section 5. In order to expedite the movement of interdivisional runs, crews on runs of 100 miles or less will not stop to eat except in cases of emergency or unusual delays. For crews on runs of more than 100 miles, the Carrier shall determine the conditions under which such crews may stop to eat. When crews on runs of more than 100 miles are not permitted to stop to eat, members of such crews shall be paid an allowance of $1.50 for the trip. Section 6. Engineers called for interdivisional service and not used shall be allowed 50 miles and stand first out; and if held on duty to exceed four hours, such engineer shall be allowed 100 miles and stand first out and shall be restored to his same relative position on the pool board at first opportunity. Section 7. Pool freight engineers on a district on which interdivisional service has not been established pursuant to this Agreement shall be entitled to initial terminal delay as provided in Paragraph (a) of Part III of this Agreement if interdivisional service is established on all adjoining districts. PART VIII EXTRA BOARDS Vacancies in interdivisional service occurring at the away-from-home terminal of the turn will be manned by engineers from the extra board at the terminal where the vacancy occurs. Such extra engineers so used will be deadheaded home after completion of the trip. PART IX IMPLEMENTING PROCEDURE Section 1. Notices referred to in Section 2, Part I of this Agreement may be served by the Company on or after 12:01 AM, January 1, 1972. Section 2. When a notice is served pursuant to Section 7, Part I of this Agreement establishing interdivisional service on a district or territory having two home terminals, the parties will meet within 7 days of the date of service of such notice to attempt to agree upon how engineers from the interdivisional pools at each of these home terminals will be used for such interdivisional service. Unless otherwise agreed to by the effective date of the interdivisional service as specified in the notice, the following procedures will apply:
Section 3. When a notice is served pursuant to Section 2, Part I of this Agreement establishing interdivisional service on a district or territory having only one home terminal, a single interdivisional pool will be established and maintained at the home terminal and engineers will operate in interdivisional service on a first-in, first-out basis from that interdivision al pool. PART X NO DUPLICATION OF BENEFITS The receipt of benefits by an employee under Parts IV, V, and VI of this Agreement shall constitute a waiver of any right of such employee to claim or receive the same or any similar benefits under any other agreement to which the Union Pacific is a party. PART XI EFFECT ON AGREEMENT RULES Nothing herein contained shall be construed as modifying or amending any of the provisions of the Schedule Agreement between the Company and the BLE, except as herein provided. PART XII This Agreement shall become effective January 1, 1972 and will remain in full force and effect until changed in accordance with the provisions of the Railway Labor Act, as amended. Dated at Omaha, Nebraska this 16th day of December, 1971. BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS CO. /s/ E. G. BECKER /s/ J. H. KENNY General Chairman Director of Labor Relations /s/ K. R. SWENSON Vice General Chairman /s/ G. J. HALL Secretary-Treasurer
A G R E E M E N T between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and BROTHERHOOD OF LOCOMOTIVE ENGINEERS MEMORANDUM OF UNDERSTANDINGS THE FOLLOWING UNDERSTANDINGS SHALL APPLY TO AGREEMENT DATED DECEMBER 16, 1971, BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND BROTHERHOOD OF LOCOMOTIVE ENGINEERS COVERING ESTABLISHMENT OF INTERDIVISIONAL SERVICE. ************************************************************************************************** Section 1. Suitable lodgings will be provided for engineers in interdivisional service in accordance with the provisions of Article II of the June 25, 1964 Agreement which lodgings will be equivalent to the existing lodging facilities now provided. Also, suitable transportation to and from lodging point will be provided for engineers in interdivisional service where the designated lodging facility is not within one mile of the register point.
At North Platte, while the existing lack of public transportation persists the Company will there provide shuttle service at regular intervals for engineers engaged in interdivisional service between the register point and the designated lodging facility. In the event public transportation becomes available at North Platte the provisions of Section 1 will apply. *************************************************************************************************** Section 2. When an engineer engaged in interdivisional service is required to deadhead to his far terminal to attend a disciplinary hearing as provided by Section 4, Part III, of the Agreement dated December 16, 1971, such engineer may use the designated lodging facility while required to remain at the far terminal incident to attending such investigation. **************************************************************************************************** Section 3. Within a reasonable time after establishment of interdivisional service on any of the territories listed in Part I, Section 1, of the Agreement dated December 16, 1971, the Carrier will, on request of the employee, furnish to an employee working as engineer on such territory figures representing "average monthly compensation" and "average monthly time paid for" as those terms are used in Section 6(c) of the Washington Job Agreement of May, 1936. The protected period for affected engineers will commence on the effective date of the notice referred to in Section 2, Part I of the Agreement dated December 16, 1971. **************************************************************************************************** Section 4. It is understood that the road mileage figures set forth in Part I, Section 1, of the Agreement dated December 16, 1971, are intended to represent the actual distances between the designated departure point at the initial terminal of the run and the designated arrival point at the final terminal of the run. If such mileage figures are proved to be other than as listed, such figures will be adjusted accordingly. Dated at Omaha, Nebraska this 16th day of December 1971. FOR THE FOR THE BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS: CO. /s/ E. G. BECKER /s/ J. H. KENNY General Chairman Director of Labor Relations
/s/ K. R. SWENSON Vice General Chairman
/s/ G. J. HALL Secretary-Treasurer
A G R E E M E N T between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and BROTHERHOOD OF LOCOMOTIVE ENGINEERS MEMORANDUM OF UNDERSTANDINGS THE FOLLOWING UNDERSTANDINGS SHALL APPLY TO AGREEMENT DATED DECEMBER 16, 1971, BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND BROTHERHOOD OF LOCOMOTIVE ENGINEERS COVERING ESTABLISHMENT OF INTERDIVISIONAL SERVICE. ************************************************************************************************* Section 1. The following items on engines used in inter divisional service will be maintained in proper condition:
Engineers will report defects of items listed above on proper form supplied for such purpose. Notation by engineer of defects will contain sufficient detail to enable prompt identification and correction of such defects. ************************************************************************************************** Section 2. A Committee consisting of the General Manager, UPRR, Chief Mechanical Officer, UPRR, and General Chairman, BLE, is hereby formed to study and report to the Vice President of Operations on the feasibility of eliminating or inactivating the safety pedal on engines used in interdivisional service. Dated at Omaha, Nebraska this 16th day of December 1971. FOR THE FOR THE BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS: CO.: /s/ E. G. BECKER /s/ O. A. DURRANT General Chairman General Manager
/s/ K. R. SWENSON /s/ F. D. ACORD Vice General Chairman Chief Mechanical Officer
/s/ G. J. HALL Secretary-Treasurer
A G R E E M E N T between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Section 1. The following provisions of Section 1, Part of the Agreement dated December 16, 1971 which do not specify mileage allowances for engineers operating in interdivisional service are supplemented to read as follows:
Section 2. Part III of the Agreement dated December 16, 1971 is supplemented to include the following provision:
Section 3. Overtime paid engineers in interdivisional service under the provisions of Paragraph (b), Part III of the Agreement dated December 16, 1971 will be computed and paid for on the speed basis of 12-1/2 miles per hour at the rate of time and one-half time.
Dated at Omaha, Nebraska this 23rd day of December, 1971. FOR FOR BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS CO. /s/ E. G. BECKER /s/ J. H. KENNY General Chairman Director of Labor
/s/ K. R. SWENSON Vice General Chairman
/s/ G. J. HALL Secretary-Treasurer
A G R E E M E N T between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and BROTHERHOOD OF LOCOMOTIVE ENGINEERS IT IS AGREED: The provisions of Section 1 of the Agreement dated December 23, 1971 establishing the road miles to be paid engineers in interdivisional service as provided by the Agreement dated December 16, 1971 shall not apply to engineers who were assigned to an engineers' working list during the calendar year 1971; and in lieu thereof, such engineers will be paid the road miles specified below when such engineers operate over the following territories in interdivisional service:
Dated at Omaha, Nebraska this 23rd day of December, 1971. FOR FOR BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS Co. /s/ E. G. BECKER /s/ J. H. KENNY General Chairman Director of Labor Relations
/s/ K. R. SWENSON Vice General Chairman
/s/ G. J. HALL Secretary-Treasurer
UNION PACIFIC RAILROAD COMPANY Department of Labor Relations Eastern District
J. H. Kenny Director of Labor 1416 Dodge Street Relations Omaha, Nebraska 68102
P. A. Jordan Asst. Director of Labor Relations
December 23, 1971
E. G. Becker, General Chairman Brotherhood of Locomotive Engineers, Omaha, Nebraska
Dear Sir This will confirm our understanding that in the event the Company and the BLE reach agreement without resort to arbitration on the mileage allowances to be paid engineers in interdivision al service on the four territories where such mileage allowances have not yet been settled, the mileage allowances so agreed to will also be paid to firemen in service as of this date but not subject to the BLE Agreement dated December 16, 1971 when such firemen are engaged in interdivisional service as engineers, provided such firemen are entitled to the same or similar mileage allowances when working in interdivisional service as firemen pursuant to any subsequent agreement provisions which may be entered into between the Company and the UTU(E). Yours truly, /s/ J. H. KENNY ACCEPTED: /s/ E. G. BECKER General Chairman, BLE
/s/ K. R. SWENSON Vice General Chairman, BLE
/s/ G. J. HALL Secretary-Treasurer, BLE
A G R E E M E N T between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and BROTHERHOOD OF LOCOMOTIVE ENGINEERS MEAL ALLOWANCES IT IS AGREED:
Dated at Omaha, Nebraska this 15th day of May 1972.
FOR FOR BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS Co. /s/ E. G. BECKER /s/ J. H. KENNY General Chairman Director of Labor Relations
A G R E E M E N T between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and BROTHERHOOD OF LOCOMOTIVE ENGINEERS ***************************************************************************************** INTERDIVISIONAL SERVICE-SECOND SENIORITY DISTRICT THREE POOLS AT NORTH PLATTE ****************************************************************************************** 1. Co-effective with the inauguration of interdivisional runs between North Platte and Council Bluffs at 12:01 AM, July 1, 1972, three separate pools with home terminal at North Platte will be established for engineers on the Second Seniority District, having the following respective territories:
2. Engineers assigned to the Marysville and Council Bluffs pools will protect interdivisional service in their respective territories as provided by the Interdivisional Runs Agreement, as amended. 3. Engineers assigned to the Grand Island Pool will protect trains between North Platte and Grand Island that are received from and delivered to the Burlington Northern Road at Grand Island. 4. Except as provided by Section 3, non-interdivisional service will be protected by extra engineers. 5. Each pool will be independently regulated in accordance with the applicable schedule rules governing regulation of mileage. 6. Unless otherwise agreed to by the parties, the number of turns to be initially assigned to each of the three pools will be determined by a mileage check on June 24, 1972 covering the 14 days immediately preceding that date. 7. Bulletins advertising the designated number of turns in each pool will be posted not later than 12:01 PM, June 24, 1972 and such bulletins will be closed at 12:01 PM, June 28, 1972. 8. Assignments to the three pools will become effective 12:01 AM, July 1, 1972. Engineers will initially be placed on their respective boards in the order of their arrival at North Platte on their last trip prior to July 1, 1972. Dated at Omaha, Nebraska this 13th day of June, 1972. FOR THE FOR THE BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS: CO.: /s/ E. G. BECKER /s/ J. H. KENNY General Chairman Director of Labor Relations
A G R E E M E N T between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and BROTHERHOOD OF LOCOMOTIVE ENGINEERS ************************************************************************************** MODIFICATION OF INTERDIVISIONAL RUNS AGREEMENT DATED DECEMBER 16, 1971 *************************************************************************************** It is agreed the Interdivisional Runs Agreement dated December 16, 1971 and supplements thereto are changed to the extent indicated below: (1) Part VI "Changes of Residence" of the main December 16, 1971 Agreement is changed to read: "Section 1. Any engineer required to change his residence under this Agreement shall be subject to the benefits contained in Sections 10 and 11 of the Washington Job Protection Agreement, except that an engineer qualifying for a transfer allowance and the 5 working days allowance under Section 5 of Article VIII of the National Agreement dated May 13, 1971 will, instead of those allowances, be allowed a. lump sum of $1.,000. Also, any such engineer who is a 'home owner' shall be allowed $1,000 as an offset to a possible higher real estate market at his new location. 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 2.
(2) The following sections are added to Part VII "Miscellaneous Provisions" of the main December 16. 1971 Agreement "Section 8. For a period of 3 months from the effective date of the written notice referred to in Section 2. Part I of this Agreement, an engineer who works in interdivisional service will be entitled to his pro rata portion of a monthly guarantee of 3700 miles for each full calendar day on which he works in such interdivisional service. "Section 9. An employee returning to active service as an engineer from leave of absence, discipline, promotion to an official position with the Company or full time assignment as a representative of the BLE will be given the options and resulting benefits provided for in this Agreement to the extent he qualifies therefore, with time limitations contained herein running from the date of his return to active service. "Section 10. An engineer in interdivisional service having time to work under the Hours of Service Act will not be required to exchange trains with an engineer who is on short time under the Hours of Service Act. In the event of non-compliance with this Section 10 the engineers who are required to exchange trains will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to their same relative position on the board." (3) Section 1 of "Memorandum of Understandings" dated December 16, 1971 dealing with suitable lodgings and transportation is changed to read: "Section 1. Suitable lodgings will be provided for engineers in interdivisional service. Also, suitable transportation to and from lodging point will be provided for engineers in interdivisional service where the designated lodging facility is not within one mile of the register point.
At North Platte, while the existing lack of public transportation persists the Company will there provide shuttle service at regular intervals for engineers engaged in interdivisional service between the register point and the designated lodging facility. In the event public transportation becomes available at North Platte the provisions of Section 1 will apply." (4) In the application of Part V "Employee Protection" the time limit for initiating claims by displaced employees will be 180 days (instead of 90 days) from the date of the effective date of the written notice referred to in Section 2, Part I. (5) If the procedures set forth in Part IX "Implementing Procedure" are not working out satisfactorily to either party to this Agreement after 90 days after the effective date of the written notice referred to in Section 2, Part I of the Agreement, the parties signatory hereto will meet to formulate a mutually agreeable procedure for using crews. These changes are effective June 1, 1972.
FOR FOR BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS Co. /s/ E. G. BECKER /s/ J. H. KENNY General Chairman Director of Labor Relations
UNION PACIFIC RAILROAD COMPANY Department of Labor Relations Eastern District J. H. Kenny Director of Labor 1416 Dodge Street Relations Omaha, Nebraska 68102
P. A. Jordan E-013-22-52 Asst. Director of E-013-22-1 Labor Relations E-013-22-48-RI October 30, 1972 E. G. Becker, General Chairman, Brotherhood of Locomotive Engineers, Omaha, Nebraska Dear Sir: REDUCTION OF TURNS- INTERDIVISIONAL SERVICE This has reference to the Agreement dated July 2, 1970 entitled "ASSIGNMENT TO POOL TURNS WITH OR WITHOUT FIREMEN," under which certain rights of engineers are determined by whether or not there is a fireman on the turn. The provisions of that Agreement do not adapt themselves satisfactorily to those districts on which interdivisional service has been implemented; therefore:
Yours truly, /s/ J. H. KENNY AGREED: /s/ E. G. BECKER General Chairman, BofLE
UNION PACIFIC RAILROAD COMPANY Department of Labor Relations Eastern District
J. H. Kenny Director of Labor 1416 Dodge Street Relations Omaha, Nebraska 68102
J. J. Marchant E-013-22-10 Asst. Director of Labor Relations
December 17, 1974
E. G. Becker, General Chairman Brotherhood of Locomotive Engineers Omaha, Nebraska
Dear Sir: This refers to our discussion in conference on December 17, 1974 regarding all deadhead miles in interdivisional service to be allowed at the basic rate and meal allowance enroute while deadheading by bus. All mileage at the basic rate of pay is being allowed when deadheading in interdivisional service by bus. The $1.50 allowance, as provided for in Part VII, Section 5 of the December 16, 1971 BofLE Interdivisional Service Agreement will be allowed to engineers deadheading by bus in those instances when, in accordance with the above-mentioned section, such engineers are not afforded an opportunity to eat enroute. However, in those instances when a deadheading engineer does have an opportunity to eat, such engineer is not entitled to receive the payment provided for in Part VII, Section 5. However this is not determinative with respect to the payment of future similar claims, which Carrier may determine to be without merit on the basis of interpretations rendered hereafter by competent tribunals. Yours truly, /s/ J. H. KENNY
A G R E E M E N T between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT and BROTHERHOOD OF LOCOMOTIVE ENGINEERS - - - - - - - - - - - - - - - - - - - - - - - - 1. For the territory listed below, engineers having a seniority date as of June 12, 1975 on such territory shall, in lieu of the road miles contained in Part I, Section 1(j) of the Interdivisional Runs Agreement dated December 16, 1971 be paid the road miles listed below when operating in interdivisional service from Denver to Rawlins or Rawlins to Denver.
2. For the interdivisional service between Denver and Rawlins, Denver shall be considered an outlying point for Fifth District employees shall be allowed $14.00 for a one-way trip when required to drive their personally owned automobile. 3. Prior to the establishment of interdivisional service between Denver and Rawlins a meeting shall be held with employee representatives and Company operating officers for the purpose of discussing this operation. Dated at Omaha, Nebraska this 12th day of June, 1975. FOR THE FOR THE BROTHERHOOD OF LOCOMOTIVE UNION PACIFIC RAILROAD ENGINEERS: CO.: /s/ E. G. BECKER /s/ J. H. KENNY General Chairman Director of Labor Relations
UNION PACIFIC RAILROAD COMPANY Transportation Division Department of Operation Eastern District O. A. Durrant General Manager 1416 Dodge Street Omaha, Nebraska 68102
E-013-23-95-CR E-013-22-48-IR E-013-23-4-IR
October 12, 1973
E. G. Becker, General Chairman Brotherhood of Locomotive Engineers Omaha, Nebraska Dear Sir: This refers to prior correspondence and conference on October 8, 1973 regarding the transportation of engine service employees at North Platte. IT IS AGREED:
Yours truly, /s/ O. A. DURRANT General Manager /s/ J. H. KENNY ACCEPTED: Director of Labor Relations /s/ E. G. BECKER General Chairman, BofLE
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