protection will start with the effective (implementation) date of this agreement.  The engineers must comply with the requirements associated with New York Dock conditions or their protection will be reduced for such items as layoffs, bidding/displacing to lower paying assignments when they could hold higher paying assignments, etc.  Protection offsets due to unavailability are set forth in the Questions and Answers and side letter #1. 

B.            This protection is wage only and hours will not be taken into account.

C.            Engineers required to relocate  under this agreement will be governed by the relocation provisions of New York Dock.  Those required to relocate to other than Oakridge may elect in lieu of New York Dock provisions, one of the following options:

1.         Non-homeowners may elect to receive an “in lieu of” allowance in the amount of $10,000 upon providing proof of actual relocation.

2.         Homeowners may elect to receive an “in lieu of” allowance in the amount of $20,000 upon providing proof of actual relocation.

3.         Homeowners in Item 2 above, who provide proof of a bona fide sale of their home at fair value at the location from which relocated, shall be eligible to receive an additional allowance of $10,000.

(a)  This option shall expire five (5) years from date of application for the allowance under Item 2 above.

(b)  Proof of sale must be in the form of sale documents, deeds, and filings of these documents with the appropriate agency.

4.         With the exception of Item 3 above,  no claim for an “in lieu of”relocation allowance will be accepted after two (2) years from date of implementation of this agreement.

NOTE: The two (2) year provision of this paragraph (4) shall be extended for those engineers at Hinkle and Eugene if  operations affecting those engineers are not instituted until less than ninety(90) days remain in the two year period or after the two year period.  If not instituted until after the period then affected engineers shall have one year from when affected to request an “in lieu of” payment.

5.         Engineers receiving an “in lieu of” relocation allowance pursuant to this implementing agreement will be required to remain at the new location, seniority permitting, for a period of two (2) years.

6.         In addition to those engineers required to relocate, engineers at Eugene, shall be treated as required to relocate under this Agreement if their pool and extra board assignment is transferred to Portland for the Portland-Oakridge pool, or on a seniority basis on a one for one basis for the number of assignments transferred.  Once the number of in lieu of allowances are granted equal to the number of positions transferred all other moves associated with the specific number of assignments transferred will not be eligible for any moving allowances.

NOTE: Paragraph (6) does not cover those instances when a yard or other assignment may be abolished at Eugene as a result of the merger and an engineer can no longer hold at Eugene because of that abolishment. Engineers who must relocate under this scenario are covered under this Article.

D.            There will be no pyramiding of benefits.

E.            National Termination of Seniority provisions shall not be applicable to Engineers hired prior to the effective date of this agreement. 

F.            Engineers will be treated for vacation, payment of arbitraries and personal leave days as though all their service on their original railroad had been performed on the merged railroad.  Engineers assigned to the Portland Hub seniority roster with a trainman/engineman seniority date prior to October 1, 1997  shall have entry rate provisions waived and engineers hired after that date  shall be subject to the rate progression provisions of the controlling CBA.  Those engineers leaving the Portland Hub will be governed by the CBA where they  then work.