Case No. A-11471

 MEDIATION AGREEMENT

THIS AGREEMENT, made this 31st day of October, 1985 by and between the participating carriers listed in Exhibit A, attached hereto and made a part hereof, and represented by the National Carriers' Conference Committee, and the employees of such carriers shown thereon and represented by the United Transportation Union, witnesseth:

IT IS HEREBY AGREED:

ARTICLE I - GENERAL WAGE INCREASES

Section 1 - First General Wage Increase (for other than Dining Car Stewards and Yardmasters)

(a)   Effective November 1, 1985, all standard basic daily rates of pay (excluding cost-of-living allowance) in effect on October 31, 1985 for employees represented by the United Transportation Union will be increased by one (1) percent.

(b)   In computing the increase for enginemen under paragraph (a) above, one (1) percent shall be applied to the standard basic daily rates of pay applicable in the following weight-on-drivers brackets, and the amounts so produced shall be added to each standard basic daily rate of pay:

Passenger               - 600,000 and less than 650,000 pounds
Freight                 - 950,000 and less than 1,000,000 pounds

           
              (through freight rates)
Yard Engineers - Less than 500,000 pounds
Yard Firemen   - Less than 500,000 pounds
(separate computation covering five-day rates and other than five-day rates) 

Section 2 - Second General Wage Increase (for other than Dining Car Stewards and Yardmasters)

     Effective January 1, 1986, all standard basic daily rates of pay (excluding cost-of-living allowance) in effect on December 31, 1985 for employees represented by the United Transportation Union shall be increased by two (2) percent, computed and applied for enginemen in the manner prescribed in Section I above.

Section 3 - Third General Wage Increase (for other than Dining Car Stewards and Yardmasters)

     Effective July 1, 1986, all standard basic daily rates of pay (excluding cost-of-living allowance) in effect on June 30, 1986 for employees represented by the United Transportation Union shall be increased by one and one-half (1.5) percent, computed and applied for enginemen in the manner prescribed in Section 1 above.

Section 4 - Fourth General Wage Increase (for other than Dining Car Stewards and Yardmasters)

     Effective January 1, 1987, all standard basic daily rates of pay (excluding cost-of-living allowance) in effect on December 31, 1986 for employees represented by the United Transportation Union shall be increased by two and one-quarter (2.25) percent, computed and applied for enginemen in the manner prescribed in Section 1 above.

Section 5 - Fifth General Wage Increase (for other than Dining Car Stewards and Yardmasters)

     Effective July 1, 1987, all standard basic d aily rates of pay (excluding cost-of-living allowance) in effect on June 30, 1987 for employees represented by the United Transportation Union shall be increased by one and one-half (1.5) percent, computed and applied for enginemen in the manner prescribed in Section I above.

Section 6 - Sixth General Wage Increase (for other than Dining Car, Stewards and Yardmasters)

     Effective January 1, 1988, all standard basic daily rates of pay (excluding cost-of-living allowance) in effect on December 31, 1987 for employees represented by the United Transportation Union shall be increased by two and one-quarter (2.25) percent, computed and applied for enginemen in the manner prescribed in Section 1 above.

Section 7 - Standard Rates 

     The standard basic daily rates of pay (excluding cost-of allowance) produced by application of the increases provided for in this Article are set forth in Appendix 1, which is a part of this Agreement.

Section 8 - Application of Wage Increases

     (a) Duplicate time payments, including arbitraries and special allowances that are expressed in time, miles or fixed amounts of money, and mileage rates of pay for miles run in excess of the number of miles comprising a basic day, will not be subject to the adjustments provided for in this Article.

     (b)   In engine service and in train and yard ground service, miscellaneous rates based upon hourly or daily rates of pay, as provided in the schedules or wage agreements, shall be adjusted under this Agreement in the same manner as heretofore increased under previous wage agreements.

     (c)   In determining new hourly rates, fractions of a cent will be disposed of by applying the next higher quarter of a cent.

     (d) Daily earnings minima shall be changed by the amount of the respective daily adjustments.

      (e) Standard monthly rates and money monthly guarantees in passenger train service shall be thirty times the new standard daily rates. Other than standard monthly rates and money monthly guarantees shall be so adjusted that money differentials existing as of October 31, 1985 shall be preserved.

     (f) Existing monthly rates and money monthly guarantees applicable in train service other than passenger will be changed in the same proportion as the daily rate for the class of service involved is adjusted.

     (g) Existing money differentials above existing standard daily rates shall be maintained.

     (h) In local freight service, the same differential in excess of through freight rates shall be maintained.

     (i) The differential of $4.00 per basic day in freight and yard service, and 4~ per mile for miles in excess of the number of miles encompassed in the basic day in freight service, will be maintained for engineers working without firemen on locomotives on which under the former National Diesel Agreement of 1950 firemen would have been required.

     (j) In computing the increases in rates of pay effective November 1, 1985 under Section I for firemen, conductors, brakemen and flagmen employed in local freight service, or on road switchers, roustabout runs, mine runs, or in other miscellaneous service, on runs of miles equal to or less than the number comprising a basic day, which are therefore paid on a daily basis without a mileage component, whose rates had been increased by "an additional $.40" effective July 1, 1968, the one (1) percent increase shall be applied to daily rates then in effect, exclusive of car scale additives, local freight differentials, and any other money differential above existing standard daily rates. For firemen, the rates applicable in the weight-on-drivers bracket 950,000 and less than 1,000,000 pounds shall be utilized in computing the amount of increase. The same procedure shall be followed in computing the increases effective January 1, 1986, July 1, 1986, January 1, 1987, July 1, 1987 and January 1, 1988. The rates produced by application of the standard local freight differentials and the above referred-to special increase of "an additional $.40" to standard basic through freight rates of pay are set forth in Appendix I which is a part of this Agreement.

     (k)   Other than standard rates:

     (i)   Existing basic daily rates of pay other than standard shall be changed, effective as of the dates specified in Sections I through 6 hereof, by the same respective percentages as set forth therein, computed and applied in the same manner as the standard rates were determined.

     (ii)  The differential of $4.00 per basic day in freight and yard service, and $.04 per mile for miles in excess of the number encompassed in the basic day in freight service, will be maintained for engineers working without firemen on locomotives on which under the former National Diesel Agreement of 1950 firemen would have been required.

     (iii) Daily rates of pay, other than standard, of firemen, conductors, brakemen and flagmen employed in local freight service, or on road switchers, roustabout runs, mine runs, or in other miscellaneous service, on runs of miles equal to or less than the number encompassed in the basic day, which are therefore paid on a daily basis without a mileage component, shall be increased as of the effective dates specified in Sections I through 6 hereof, by the same respective percentages as set forth therein, computed and applied in the same manner as provided in paragraph (k)(i) above.

     (L)   Wage rates resulting from the increases provided for in Sections I through 6 and 9 of this Article I, and in Section 1(d) of Article II, will not be reduced under Article II.

Section 9 -  General Wage Increases for Dining Car Stewards and Yardmasters

     (a) Effective November 1, 1985, all basic monthly rates of pay (excluding cost-of-living allowance) in effect on October 31, 1985, for dining car stewards and yardmasters represented by the United Transportation Union shall be increased by one (1) percent.

     (b) Effective January 1, 1986, all basic monthly rates of pay (excluding cost-of-living allowance) in effect on December 31, 1985, for dining car stewards and yardmasters represented by the United Transportation Union shall be increased by two (2) percent.

     (c)   Effective July 1, 1986, all basic monthly rates of pay (excluding cost-of-living allowance) in effect on June 30, 1986, for dining car stewards and yardmasters represented by the United Transportation Union shall be increased by one and one-half 0.5 percent.

     (d)   Effective January 1, 1987, all basic monthly rates of pay (excluding cost-of-living allowance) in effect on December 31, 1986, for dining car stewards and yardmasters represented by the United Transportation Union shall be increased by an amount equal to two and one-quarter (2.25) percent.

     (e)   Effective July 1, 1987, all basic monthly rates of pay (excluding cost-of-living allowance) in effect on June 30, 1987,, for dining car stewards and yardmasters represented by the United Transportation Union shall be increased by one and one-half (1.5) percent.

     (f)   Effective January 1, 1988, all basic monthly rates of pay (excluding cost-of-living allowance) in effect on December 31, 1987, for dining car stewards and yardmasters represented by the United Transportation Union shall be increased by an amount equal to two and one-quarter (2.25) percent.