ARTICLE XII GENERAL

(1) Nothing in this Agreement is intended to modify or supersede the Basic Crew Consist Agreement of September 15, 1980 or the UTU (C&T&Y) Schedule Agreements except where specifically amended by the provisions of this Agreement.

(2) It is understood that this Agreement is not a precedent for any other negotiation and will not. be cited by either party in any other negotiation. It is further understood

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that this Crew Consist Modification Agreement is a "second brakeman/helper11 agreement between Union Pacific Railroad Company and the United Transportation Union and the provisions of said Agreement are not subject to change by provisions of any "National Settlement" between the National Carriers1 Conference Committee and the United Transportation Union which address the second brakeman/helper issue. This provision shall not, however, restrict the Carrier's right to pursue conductor-only operations under the provisions of any subsequent UTU "National Settlement".

(3) (a) Trainmen who are borrowed-out from other seniority districts shall be required, prior to implementation, to either (1) return to their home seniority district and relinquish all seniority and service rights on this territory, or (2) retain their seniority and service rights on this territory and relinquish all seniority and service rights on their home seniority district. Should the trainmen elect to retain rights on this territory they will lose all benefits provided to them as borrowed-outs.

(b) In no event will borrowed-out trainmen be entitled to a duplication of benefits under this agreement and their home seniority district agreement. Should such trainmen elect and receive a separation allowance under this Agreement, it will sever all seniority rights with the Carrier.

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(4) The parties to this Agreement shall not serve nor progress, prior to the attrition of all protected employees, any notice or proposal for changing the specific provisions of this Agreement governing pure attrition; protected employees, car limits and train length (which have been eliminated by the Crew Consist Modification Agreement), special allowance payment to reduced crew members, productivity fund deposits and administration thereof. This provision does not restrict the Carrier's right to pursue conductor only operations under the provisions of any subsequent UTU "National Settlement".

This Section will not bar the parties from making changes in the above provisions by mutual agreement.

SIGNED AT

THIS

DAY OF

, 1991.

FOR THE ORGANIZATION:

Tin

,arter

KT7!

General Chairman

_

D. L. Smith

General Chairman UTU-C

APPROVED:

i. A. BoyS, Xt'. Vice President

FOR THE CARRIER:

L. A. Lambert

Director Labor Relations

General Director -

Employee Relations/Planning

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