ARTICLE III ‑ THIRD WAGE INCREASE

(a) Effective January 1, 1969, all standard basic daily and mileage rates of pay in effect on December 31, 1968 shall be increased by 2.0 percent. The local freight differential shall be maintained.

(b) Effective January 1, 1969, the increase in rates of pay provided for in Paragraph (a) of this Article will result in the following standard basic daily and mileage rates of pay.

Standard Basic Rates of Pay ‑ As of January 1, 1969:

                                                         Daily Rate  

Yard Conductors (Foremen)           $30.58
Yard Brakemen (Helpers)                28.41
Switchtenders                                    26.12

(c) Where agreements now provide for additional payment for Yard conductors (foremen) acting as footboard yardmasters such payment shall not be less than two‑thirds of one hour's pay in excess of the yard conductors' foremen's daily rate.

(d) Effective January 1, 1969, the daily rates for car retarder operators in effect December 31, 1968, however expressed shall be increased by 2.0 percent.

ARTICLE VI ‑ DINING CAR STEWARDS

Effective January 1, 1968, all basic monthly rates in effect on December 31, 1967 shall be increased by 2.5 percent.

The rates produced by such increase shall be further increased by 3.5 percent effective July 1, 1968.

Further increases of 2 percent effective January 1. 1969, and 3 percent effective July 1, 1969, shall be applied in the same manner.

ARTICLE VII ‑ YARDMASTERS

Effective January 1, 1968, all basic rates in effect on December 31, 1967 shall be increased by 2.5 percent.

The rates produced by such increase shall be further increased by 3.5 percent effective July 1, 1968.

Further increases of 2 percent effective January 1, 1969, and 3 percent effective July 1, 1969, shall be applied in the same manner.

ARTICLE VIII ‑ SPECIAL PAYMENT

As promptly as practicable following June 30, 1968, a lump sum allowance of up to $50.00 will be paid to each employee who had an employment relationship with an individual carrier on June 30, 1968, except that employees who retired after January 1, 1968 but before July 1, 1968 will not be disqualified. The amount of the special allowance will be determined as follows:

  The allowance will be $8.33 for each month commencing with January 1968 and ending with June 1968 in which the employee rendered the equivalent of 10 or more basic days' service under agreements held by the Brotherhood of Railroad Trainmen and his preponderant service (measured by compensation) was also under Brotherhood of Railroad Trainmen agreements.

ARTICLE IX ‑ VACATIONS

Insofar as applicable to employees represented by the Brotherhood of Railroad Trainmen, the vacation agreement dated April 29, 1949, as amended, is further amended by substituting the following revised portions of paragraphs (b) and (g), effective January 1, 1968, for the corresponding paragraphs in amended Section 1 contained in the Agreement of November 7, 1966:

(b) Effective January 1, 1968, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having two or more years of continuous service with employing carrier will be qualified for an annual vacation of two weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said two or more years of continuous service renders service of not less than three hundred twenty (320) basic days in miles or hours paid for as provided in individual schedules.

(g) Where an employee is discharged from service and thereafter restored to service during the same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.

Where an employee is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing three hundred twenty (320) basic days under Section l(b), and sixteen hundred (1600) basic days under Section 1(c), and thirty‑two hundred (3200) basic days under Section l(d).

ARTICLE X ‑ HOLIDAY  PAY

Effective January 1, 1968, the existing rule covering pay for holidays, set forth in Article IV of the Agreement of April 5, 1957 as amended by Article I of the Agreement of November 30, 1960 and Article I. Section 1 of the Agreement of June 25, 1964, and in Article I, Section 2, of the Agreement of June 25, 1964 and the letter of understanding dated November 7, 1966, is hereby amended to provide that:

(a) An eighth paid holiday, to be designated and added to the list of the seven enumerated holidays now provided in the above identified Agreements, shall be included and identified as,” and the Employee's Birthday"

  (b) The requirement that a designated holiday must fall on a workday of the workweek of the individual employee for him to receive holiday pay will be eliminated by striking out the following language now contained in Section 2(a) of Article IV, Agreement of April 5, 1957, and in Section 2(a) of Article 1, Agreement of June 25Y 1964:

". . . When such holidays fall on an assigned workday of the work week of the individual employee"

and the following language now contained in Section 2(b) of Article IV, Agreement of April 5, 1957, as amended , and in Section 2(c) of Article I, Agreement of June 25, 1964:

” . . . and the holiday falls on a workday of his assignment. "

and the provisions of Section 1(a) of Article I, Agreement of June 25, 1964 shall also be eliminated.

(c) The eighth paid holiday, the "Birthday Holiday", shall be applied in the following manner:

       (i) The employee must qualify for his birthday holiday in the same manner as other designated holidays, except that he will not be required to work or be available for work on the birthday holiday to qualify for holiday pay if he so elects by giving reasonable notice to his supervisor of his intention to be off on the birthday holiday.

(ii) An employee whose birthday falls on February 29, may, on other than leap years, by giving reasonable notice to his supervisor, have February 28 or the day immediately preceding the first day during which he is not scheduled to work following February 28 considered as his birthday for the purposes of this Article. If an employee's birthday falls on one of the seven listed holidays, he may, by giving reasonable notice to his supervisor, have the following day or the day immediately preceding the first day during which he is not scheduled to work following such holiday considered as his birthday for the purposes of this Article.

(d) When one or more designated holidays fall during the vacation period of the employee, his qualifying days for holiday pay purposes shall be his workdays immediately preceding and following the vacation period. In road service, lost days preceding or following the vacation period due to the away. from‑home operation of the individual's run shall not be considered to be workdays for qualifying purposes.

(e) Not more than one time and one‑half payment will be allowed, in addition to the "one basic day's pay at the pro rata rate," for service performed during a single tour of duty on a holiday which is also a work day, a vacation day, and/or the Employee's Birthday.

ARTICLE XI . PAYMENTS TO EMPLOYEES INJURED UNDER CERTAIN CIRCUMSTANCES

Where employees sustain personal injuries or death under the conditions set forth in paragraph (a) below, the carrier will provide and pay such employees or their personal representative, the applicable amounts set forth in paragraph (b) below, subject to the provisions of other paragraphs in this article.

(a) Covered Conditions:

This Article is intended to cover accidents involving employees covered by this agreement while such employees are riding in, boarding, or alighting from off‑track vehicles authorized by the carrier and are:

(1) deadheading under orders or

(2) being transported at carrier expense.

(b) Payments to be made :

In the event that any one of the losses enumerated in subparagraphs (1), (2) and (3) below results from an injury sustained directly from an accident covered in paragraph (a) and independently of all other causes and such loss occurs or commences within the time limits set forth in subparagraphs (1), (2) and (3) below, the carrier will provide, subject to the terms and conditions herein contained, and less any amounts payable under Group Policy Contract CA‑23000 ?f 'Me Travelers Insurance Company or any other medical or insurance policy or plan paid for in its entirety by the carrier, the following benefits:

(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                                            $100,000
Loss of Both Hands                                 100,000
Loss of Both Feet                                     100,000
Loss of Sight of Both Eyes                       100,000
Loss of One Hand and One Foot               100,000
Loss of One Hand and Sight of One Eye   100,000
Loss of One Foot and Sight of One Eye    100,000
Loss of One Hand or One Foot or
 Sight of One Eye                                      50,000

"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 irrevocable loss of sight.

No more than $100,000 will be paid under this paragraph to any one employee or his personal representative as a result of any one accident.

(2) Medical and Hospital Care

The carrier will provide payment for the actual expense of medical and hospital care commencing within 120 days after an accident covered under paragraph ( a) of injuries incurred as a result of such accident, subject to limitation of $3,000 for any employee for any one accident, less any amounts pay‑able under Group Policy Contract GA‑23000 of Me Travelers Insurance Company or under any other medical or insurance policy or plan paid for in its entirety by the carrier.

(3) Time Loss

The carrier will provide an employee who is injured as a result of an accident covered under paragraph (a) hereof and who is unable to work as a result thereof 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 $100.00 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.

(4) Aggregate Limit .

The aggregate amount of payments to be made hereunder is limited to $1,000, 000 for any one accident and the carrier shall not be liable for any amount in excess of $1,000,000 for any one accident irrespective of the number of injuries or deaths which occur in or as a result of such accident. If the aggregate amount of payments otherwise payable hereunder exceeds the aggregate limit herein provided, the carrier shall not be required to pay as respects each separate employee a greater proportion of such payments than the aggregate limit set forth herein bears to the aggregate amount of all such payments.

(c) Payment in Case of Accidental Death:

Payment of the applicable amount for accidental death shall be made to the employee's personal representative for the benefit of the persons designated In, and according to the apportionment required by the Federal Employers Liability Act (45 U.S.C. 51 et seq., as amended), or if no such person survives the employee, for the benefit of his estate.

(d) Exclusions:

Benefits provided under paragraph (b) shall not be payable for or under any of the following conditions:

(1) Intentionally self‑inflicted injuries, suicide or any, attempt thereat, while sane or insane;

(2) Declared or undeclared war or any act thereof;

(3) Illness, disease, or any bacterial infection other than bacterial infection occurring in consequence of an accidental cut or wound;

(4) Accident occurring while the employee driver is under the influence of alcohol or drugs, or an employee passenger who is under the influence of alcohol or drugs who in any way contributes to the cause of the accident;

(5) While an employee is a driver or an occupant of any conveyance engaged in any race or speed test;

(6) While an employee is commuting to and/or from his residence or place of business.

(e) Offset:

It is intended that this Article XI is to provide a guaranteed recovery by an employee or his personal representative under the circumstances described, and that receipt c: payment thereunder shall not bar the employee or his personal representative from pursuing any remedy under the Federal Employers Liability Act or any other law; provided however, that 'Any amount received by such employee or his personal representative under this Article may be applied as an offset by the railroad against any recovery so obtained.

(f) Subrogation

The carrier shall be subrogated to any right of recovery an employee or his personal. representative may have against any party for loss to the extent that the carrier has made payments pursuant to this Article.

The payments provided for above will be made, as above provided, for covered accidents on or after September 1, 1968

It is understood that no benefits or payments will be due or payable to any employee or his personal representative unless such employee, or his personal representative, as the case may be, stipulates as follows:

"In consideration of the payment of any of the benefits provided in Article XI of the Agreement of July , 1968,
______________________________
(employee or personal representative)  
agrees to be governed by all of the conditions and provisions said and set forth by Article XI."

Savings Clause

This Article XI supersedes as of September 1, 1968 any agreement providing benefits of a type specified in Paragraph (b) hereof under the conditions specified in Paragraph (a) hereof; provided, however, any individual railroad party hereto, or any individual committee representing employees party hereto, may by advising the other party in writing by August 15, 1968 elect to preserve in its entirety an existing agreement providing accident benefits of the type provided in this Article XI in lieu of this Article XI.