A. Due to the parties voluntarily entering into this Agreement, Carrier agrees to provide New York Dock wage protection (automatic certification) to trainmen/yardmen/hostlers listed on the applicable Zone 2 or Zone 3 Master Seniority Rosters and in active service as a trainman (conductor, brakeman, switchman (yardman) or hostler) in said zones on the date this Agreement is implemented. In active service includes those who are dismissed, on a medical or on a union leave of absence and who subsequently return to active covered service. This protection will begin with the implementation date of this Agreement. Employees 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 will be lost earnings in accordance with New York Dock provisions. Those who elect to retain pre-merger protection benefits, if any, will be governed by the protection offsets set forth in that protection agreement.
B. This protection is wage only and hours will not be taken into account.
C. Employees with a seniority date prior to implementation of this Agreement and working under the provisions of this Implementing Agreement shall be provided a test period average ("TPA") based on either the employee's applicable earnings for calendar year 1998, calendar year 1999, calendar year 2000, or the 12-month period immediately preceding the date this Agreement is implemented. (The employee will select one of these 3 options for determining his or her TPA.)
1. Individual employee TPA's will not include certain taxable and non-taxable items, such as, but not limited to, relocation allowances/payments, lump sum payments (as provided via National and/or Local Agreements), lump sum claim settlements, protection payments, and away-from-home terminal meal allowances. It will include the $1.50 for in-lieu meal allowances.
2. Test period averages for union officers will be based on an average of two above and two below in like service last performed by the union officer.
3. Each employee's TPA will be subject to change based on future wage and COLA adjustments. The time'period for computing such changes will begin with implementation of this Agreement and shall run for the length of the employee's New York Dock protection period.
D. A former 4th Seniority District trainman identified on Attachment "B" who exercises his or her seniority to the highest paying position in the territory comprising the former 4th Seniority District will be considered as having satisfied his or her obligation under New York Dock to occupy the highest paying position.
E. An Idaho trainman identified on Attachment "A" who is removed from the LaGrande - Nampa pool and placed, pursuant to Article III, Section A, Paragraph 4.b.(vi), on a position in the area for which Nampa is the source of supply will be considered as having exercised his or her seniority to the highest paying position and will accordingly not have his or her labor protection offset by the earnings of a higher paying position.
F. Trainmen/yardmen required to relocate under this agreement will be governed by the relocation provisions of New York Dock. Those required to relocate to 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 $30,000 upon providing valid proof of home ownership.
3. No claim for an "in lieu of relocation allowance will be accepted after two (2) years from date of implementation of this agreement.
4. Employees receiving an "in lieu of relocation allowance pursuant to this Section F will be required to remain at the new location, seniority permitting, for a period of two (2) years.
NOTE 1: Employees presently covered by Article II, Section B, Paragraphs 7.a. - 7.d. of the September 16, 1998 Merger Implementing Agreement for Portland Hub Zone 1 who elect to return to Portland Hub Zone 1 will be afforded the relocation benefits options set forth in this Section F.
NOTE 2: When Hinkle is eliminated as a home terminal for the Spokane - Hinkle through freight pool, any remaining employees listed on Attachment "B" who elect to relocate to Spokane with the transfer of the through freight pool work previously performed out of Hinkle will be entitled to the relocation benefits set forth in this Section F, subject to terms and conditions set forth herein. This Paragraph F shall not require Carrier to transfer more employees, or provide more relocation benefits, than that which is commensurate with the amount of work (pool positions) transferred to Spokane.
G. There will be no pyramiding of benefits.
H. National Agreement "Termination of Seniority" provisions shall not apply to trainmen/yardmen hired prior to the effective date of this agreement.