VII.          PROTECTION.  

A. Due to the parties voluntarily entering into this agreement the Carrier agrees to provide New York Dock wage protection (automatic certification) to all prior right trainmen who are listed on the Portland Hub Merged Rosters and in active service in the craft on October 1, 1997. In active service includes those who are disciplined and return and on a medical or Union leave of absence and return to active covered service. This protection will begin with the implementation date of this agreement. Trainmen 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 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. All trainmen with a seniority date prior to October 1, 1997, working under the provisions of this implementing Agreement shall be provided a test period average (TPA) based on the employees wages for the calendar year 1997. 

1.             Individual employee TPA's will not include certain taxable and non taxable items, such as but not limited to "relocation, lump sums, (as provided via National/Local Agreements), "lump sum claim settlements", "protection payments" and "away-from-home meal allowances". It will include the $1.50 for in lieu meal allowances. 

2.             Test period averages for designated union officers will be based on an average of two above and two below in like service usually 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 employees New York Dock protection. 

D. Trainmen required to relocate under this agreement will be governed by the relocation provisions of New York Dock. In lieu of New York Dock provisions, a trainman required to relocate may elect 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 employees at Hinkle and Eugene if operations affecting those employees are not instituted until less than ninety (90) days remain in the two year period or after the two year period. If not instituted within 21 months of implementation then affected employees shall have a one year extension to request an "in lieu of' payment. 

5.             Trainmen 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 employees required to relocate, employees at Eugene, shall be treated as required to relocate under this Agreement, seniority governing, on a one for one basis equal to the number of assignments transferred. Once the number of in lieu of allowances are granted equal to the number of assignments 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 a trainman can no longer hold at Eugene because of that abolishment. Trainmen who must relocate under this scenario are covered under this Article. 

E. There will be no pyramiding of benefits. 

F.             National Termination of Seniority provisions shall not be applicable to Trainmen hired prior to the implementation date of this agreement. 

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