Rule 92 of the BLE Agreement is hereby modified to the extent as provided herein.

(a) Except for newly established yard engine assignments, locals and/or work trains, all other engineer vacancies that are created or become vacant shall be filled immediately by the senior engineer with application on file with Carrier's Crew Management Office (CMS).

(b) Newly established yard engine assignments, locals and/ or work trains will first be advertised for a period of not less than ninety-six (96) hours before assignments are made to the senior engineer with application on file.

Engineers submitting applications should include all of the following necessary information if applicable concerning the position for which application is being made:

(a) Terminal of assignment

(b) Specific CMS Board or Pool ID

(c) CMS Pool Turn ID

(i) new

(ii) specific

(d) CMS ID for local/ yard engine/ work train

(a) Once an application is honored and the engineer is assigned, such application of the employee will be removed from the system. If an employee wishes other positions after an assignment is made, he/she must re-submit their application with CMS. All applications are kept on file until either the application is honored or is removed by the employee. Once an assignment is made pursuant to applicant, that assignment will not be rescinded.

(b) When an engineer is reduced in force to other than an engineer, or who is furloughed, the engineer's application on file will be removed.

If a position cannot be filled by application under this agreement, the senior demoted engineer will be assigned. If there are no demoted engineers available, the junior engineer on the district will be assigned or the Carrier may reduce the extra board and fill the vacancy through the normal displacement procedures.

All assignments made under this Agreement will be effective 12:01 p.m., at the prevailing local time.

In applying this Agreement with respect to yard service, it is agreed that when a regularly assigned yard engineer is assigned to another yard assignment, such engineer will be permitted to work his/her former assignment on the day on which assigned to the new assignment, provided the engineer can assume his/her new assignment fully rested and not acquire any additional days' compensation.

It is clearly understood that Carrier will not be penalized in any way in the application of this Agreement.

This Memorandum of Agreement, will become effective December 1, 1994. This agreement supersedes any other agreements with which it may conflict. This Memorandum will thereafter remain in full force effect unless cancelled by either party signatory hereto with a service of a thirty (30)-day advance written notice upon the other. If such notice is served and this Memorandum is canceled, the provisions of former cited Rules and Understandings related thereto will be placed back into effect.