RULE 128. INTERD1V1SIONAL, INTERSENIORITY DISTRICT, INTRADIVISIONAL AND/OR INTRASENIORITY DISTRICT SERVICE (FREIGHT OR PASSENGER) (a) Where an individual carrier not now having the right to establish interdivisional, interseniority district, intradivisional or intraseniority district service, in freight or passenger service, considers it advisable to establish such service, the carrier shall give at least thirty (30) days' written notice to the General Chairman or Chairmen of the committee(s) of the Brotherhood of Locomotive Engineers involved, of its desire to establish service, specifying the service it proposes to establish and the conditions, if any, which it proposes shall govern the establishment of such service.

The parties will negotiate in good faith on such proposal and shall recognize each others fundamental rights, and reasonable and fair arrangements shall be made in the interest of both parties. Such rights and arrangements shall include, but not be limited to the following:

(1) Runs shall be adequate for efficient operations and reasonable in regard to the miles run, hours on duty and in regard to other conditions of work.

(2) All miles run over one hundred (100) shall be paid for at the mileage rate established by the basic rate of pay for the first one hundred (100) miles or less.

(3) When an engine crew is required to report for duty or is relieved from duty at a point other than the on and off duty points fixed for the service established hereunder, the carrier shall authorize and provide suitable transportation for the engine crew.

NOTE. Suitable transportation includes carrier-owned or provided passenger carrying motor vehicles or taxi, but excludes other forms of public transportation.

On runs established hereunder engine crews will be allowed a $2.00 meal allowance after four (4) hours at the away-from-home terminal and another $2.00 allowance after being held an additional eight (8) hours.

(b) The foregoing provisions (1) through (4) do not preclude the parties from negotiating on other terms and conditions of work.

(c) In the event the carrier and such committee or committees cannot agree on the matters provided for in Section (a)(1) and the other terms and conditions referred to in Section (b) above, the parties agree that such dispute shall be submitted to arbitration under the Railway Labor Act, as amended, within sixty (60) days from the date of notice by the carrier of its intent to establish services pursuant to this Rule 128.

The decision of the arbitration board shall be final and binding upon both parties, except that the award shall not require the carrier to establish interdivisional, interseniority district, intradivisional, or intraseniority district service in the particular territory involved in each such dispute but shall be accepted by the parties as the conditions which shall be met by the carrier if and when such interdivisional, interseniority district, intradivisional, or intraseniority district service is established in that territory. Provided further, however, if carrier elects not to put the award into effect, carrier shall be deemed to have waived any right to renew the same request for a period of one year following the date of said award, except by consent of employes party to said arbitration. In its decision the Arbitration Board shall include, among other matters decided, the provisions set forth in Section (e) below for protection of employes adversely affected as a result of the discontinuance of any existing runs or the establishment of new runs resulting from application of this rule.

(d) Interdivisional, interseniority district, intradivisional or intraseniority district service and/or agreements in effect on the date of this Agreement are not affected by this Rule 128.

(e) Every employe adversely affected either directly or Indirectly as a result of the application of this rule shall receive the protection afforded by Sections 6, 7, 8 and 9 of the Washington Job Protection Agreement of May, 1936, except that for the purposes of this Agreement, Section 7(a) is amended to read 100% (less earnings in outside employment) instead of 60% and extended to provide period of payment equivalent to length of service not to exceed five (5) years s d to provide further that allowances in Section 6 and 7 be increased by subsequent general wage increases.

Any employe required to change his residence shall be •object to the benefits contained in Sections 10 and 11 of the Washington Job Protection Agreement and in addition to such benefits shall receive a transfer allowance of four hundred dollars ($400.00) and five (5) working days instead of the "two working days" provided by Section 10(a) of said agreement. Under this Section, change of residence shall sot be considered "required" if the reporting point to which the employe is changed is not more than thirty (30) miles from his former reporting point.