III

III. THROUGH FREIGHT POOL OPERATIONS

1. Through freight pool operations in Zone 2 will be governed, in relevant part, by the following:
   1. Spokane – Eastport
      1. Unassigned through freight (pool) service may be established between Spokane and Eastport. Spokane will be the home terminal.
   2. Spokane – Hinkle
      1. The current Spokane – Hinkle (Hinkle – Spokane) freight service is assigned through freight service. Upon implementation of this Agreement, unassigned through (pool) freight service may be established between Spokane and Hinkle. Spokane will be the home terminal. Hinkle will, however, be retained as a home terminal for the former UP 4th Seniority District engineers listed on Attachment “B” until such time as one of the conditions set forth in Paragraph 2.b.(i), below, is met.
      2. Existing Agreement provisions governing assignment and allocation of positions between the UP 4th and 5th Seniority District engineers for the Spokane-Hinkle run will, subject to the provisions of this Agreement, be retained and continue to apply to the Spokane – Hinkle through freight pool operation until such time as Hinkle ceases to be a home terminal for this run.
         1. Hinkle will cease to be a home terminal and all applicable Agreement provisions and practices governing former UP 4th Seniority District engineers rights or participation in this pool, including provisions governing allocation of work or assignments between the UP 4″ and 5th Seniority Districts, will automatically terminate and be of no future force or effect when one of the following occurs:
            1. The employees identified on Attachment “B” have attrited or severed their employment relationship with Carrier; or,
            2. All positions in the Spokane – Hinkle through freight pool are permanently assigned at Spokane.
         2. Only engineers identified on Attachment “B” may exercise their seniority to, and will be obligated to protect, “Hinkle” positions in this pool. Employees holding seniority on the Zone 2 master roster or the Hinkle-LaGrande sub-zone roster not listed on Attachment “B” are not eligible to exercise their seniority to “Hinkle” positions in this pool.
         3. The home terminal for employees working in this pool and assigned to the “Hinkle” positions will be at Hinkle.
         4. A “Hinkle” position not filled by an employee listed on Attachment “B” will be filled by application at Spokane and filled in accordance with applicable Agreement provisions. A permanent vacancy on a “Hinkle” position not filled or protected by an employee identified on Attachment “B” will be filled by application at Spokane and filled in accordance with applicable Agreement provisions.
         5. Temporary vacancies on “Hinkle” positions in the Spokane Hinkle through freight pool will be protected by the Hinkle road extra board or, if the Hinkle extra boards are consolidated, the Hinkle consolidated road/yard extra board.
         6. For each UP 4 th Seniority District engineer identified on Attachment “B” who elects, pursuant to this Agreement, to permanently relocate to Spokane, one (1) “Hinkle” position in the Hinkle – Spokane pool will be permanently transferred to Spokane. Accordingly, the number of positions in this pool designated as “Hinkle” positions in this pool will be correspondingly reduced and the applicable pool pro ration percentages will also be proportionately reduced.
            
            NOTE: UP 4th Seniority District engineers relocating to Spokane will, as set forth in Article 11, be given Spokane sub-zone prior rights. Said engineer will not, however, be granted prior rights to the “Hinkle” pool position transferred to Spokane in accordance with this Paragraph (vi).
         7. Regulation of this pool will, except as set forth herein, be conducted in accordance with applicable Agreement rules, BLE will designate one (1) employee member or representative who will be responsible for monitoring mileage, determining necessary pool adjustments and coordinating such adjustments with appropriate Carrier officials. BLE’s representative will perform such duties for both home terminals in this pool until the Hinkle home terminal ceases to exist.
      3. An engineer identified on Attachment “B” who elects, pursuant to this Agreement, to permanently relocate to Spokane will relinquish the prior rights established pursuant to Article 11, Section A, Paragraph 7 of this Agreement.

3. LaGrande – Hinkle
   1. LaGrande will be the home terminal.
4. LaGrande – Nampa
   1. LaGrande will be the home terminal, except that Nampa will be retained as a home terminal for those Idaho Seniority District engineers identified on Attachment “A” until one of the conditions set forth in Paragraph 4.b.(i), below, is met.
   2. Existing Agreement provisions governing assignment or allocation of work in the LaGrande – Nampa pool between UP 3rd Seniority District and Idaho Seniority District engineers will, subject to the provisions and/or modifications set forth below, be retained until such time as Nampa ceases to be a home terminal for this run.
      1. Nampa will permanently cease to be a home terminal and all applicable Agreement provisions, practices and/or arrangements governing Idaho Seniority District engineers’ rights to and participation in this pool will automatically terminate when one of the following occurs:
         1. The engineers identified on Attachment “A” have either (1) attrited, (2) are no longer in active service as an engineer with Carrier or (3) their names have been removed from Attachment “A” in accordance with Article 111, Section A, Paragraphs 4.b.(vii) and (viii).
         2. All “Nampa” positions in the LaGrande – Nampa through freight pool are permanently held by Zone 2 engineers.

         NOTE: Application of this Paragraph (b) is not intended to supersede or nullify the provisions set forth in the Note contained in Article 11, Section B, Paragraph 5. Accordingly, through freight positions at Nampa will be deemed as permanently held by a Zone 2 engineer when there are no engineers on Attachment “A” who can “reclaim” a Nampa pool position.
         
         (c) If twenty (20) Idaho Seniority District engineers permanently relocate to Zone 2 in conjunction with implementation of this Agreement.

         Once Nampa has ceased being a home terminal for this pool, LaGrande will be the only home terminal. Once Nampa ceases to be a home terminal, all rights and obligations of former Idaho Seniority District engineers to hold, protect or participate in the work performed in the LaGrande – Nampa through freight pool shall, except for performing hours-of-service relief out of Nampa, automatically terminate.

      2. Except as modified by this Agreement, this pool shall continue to operate as it presently operates pending an agreement on necessary final provisions pertaining to the eventual elimination (attrition) of Nampa as a home terminal. Within the next one hundred twenty (120) days, the parties will meet and agree regarding the operation of this pool and the attrition of the rights, obligations and participation in this pool of Zone 3 Attachment “A” engineers. This transition and attrition shall be governed, in addition to that set forth elsewhere in this Agreement, by the following:
         1. The engineers identified on Attachment “A” will be required to protect all other assignments whose source of supply is Nampa (including the extra board at Nampa) prior to protecting “Nampa” turns in the LaGrande – Nampa pool. Absent bids or requests from Zone 3 engineers, junior engineers in the Nampa – LaGrande pool may be removed from this pool and placed on such other assignments. Pool turns vacated by engineers on Attachment “A” to fill such other assignments will be temporarily filled/protected by Zone 2 engineers at LaGrande. When removed from their pool turns to protect these other vacancies/positions, the involved engineer(s) will, for purposes of applying New York Dock, be considered as having occupied the highest paying assignment.

         NOTE: Application of this Paragraph (a) is not intended to supercede or nullify the provisions set forth in the Note contained in Article 11, Section B, Paragraph 3. Accordingly, through freight positions at Nampa will be deemed as permanently held by a Zone 2 engineer when there are no engineers on Attachment “A” who can “reclaim” a Nampa pool position.

      3. Regardless of the number of positions assigned in the LaGrande – Nampa pool, application of Agreement provisions governing apportionment of work between former 3rd Seniority District and Idaho Seniority District engineers eligible for assignment in this pool — i.e., engineers on Attachment “A” — shall not result in more than twenty (20) positions at Nampa being allocated in this pool for Zone 3 engineers identified on Attachment “A.”
      4. Only those engineers identified on Attachment “A” may exercise their seniority to new or vacant positions in this pool. Engineers holding seniority on the Zone 2 master seniority roster or on the Zone 3 master roster but not listed on Attachment “A” are not eligible to exercise their seniority to “Nampa” positions in the pool.
      5. Any new position or permanent vacancy at Nampa in this pool that is not filled by engineers identified on Attachment “A” will be filled as a new position or permanent vacancy at LaGrande by engineers holding seniority on the Zone 2 master seniority roster.
         
         NOTE: It is the parties’ intent that engineers identified on Attachment “A” shall retain the right to the “Nampa” positions in this pool until such time as the last engineer’s name is attrited or removed therefrom.
      6. Vacancies in this pool at Nampa will be protected by the Nampa extra board until such time as Nampa ceases to be a home terminal. Thereafter, such vacancies will be protected by the extra board at LaGrande.
      7. Engineers identified on Attachment “A” of this Agreement who voluntarily exercise their seniority to a position for which Nampa is not the source of supply – i.e., to a position east of Glenns Ferry – shall have their names removed from Attachment “A” and automatically and permanently forfeit all seniority rights attendant thereto.
      8. An engineer identified on Attachment “A” who is force assigned to an engineer job for which Nampa is not the source of supply must submit a written application, with copy to the Local Chairman, for a position or permanent vacancy in the pool at Nampa upon his/her assignment to that position. If such application is not submitted, or the employee does not accept the assignment to the position in the Nampa pool, the employee will have his/her name removed from Attachment “A” and automatically and permanently forfeit all seniority rights attendant thereto.

         NOTE: This Paragraph (viii) shall apply only to the engineer on Attachment “A” who would have been the successful bidder/applicant had he or she submitted such bid or application and not to other junior engineers on Attachment “A.”

3. For each Idaho Seniority District engineer identified on Attachment “A” who elects, pursuant to this Agreement, to permanently relocate to Zone 2, one (1) “Nampa” position in the LaGrande – Nampa pool will be permanently transferred to LaGrande (Zone 2). Accordingly, the number of positions in this pool designated as “Nampa” positions will be correspondingly reduced and the applicable pool pro ration percentage will also be proportionately reduced.
   
   NOTE: Idaho Seniority District engineers relocating to Zone 2 will, as set forth in Article 11, be given Hinkle-LaGrande sub-zone prior rights. Said engineer will I not, however, be granted prior rights to the “Nampa” pool position transferred to Zone 2 in accordance with this Paragraph c.
4. Regulation of this pool will, except as set forth herein, be conducted in accordance with applicable Agreement rules. BLE will designate one (1) employee member or representative who will be responsible for monitoring mileage, determining necessary pool adjustments and coordinating such adjustments with appropriate Carrier officials. BLE’s representative will perform such duties for both home terminals in this pool until the Nampa home terminal ceases to exist.

2. Zone 3 pool freight operations will, except as specifically set forth herein, remain unchanged and will continue to be governed by existing Idaho collective bargaining agreement provisions and practices.
3. New through freight pool operations not covered in this Implementing Agreement between hubs or zones will be handled per Article IX of the 1986 BLE National Implementing Award.