VII

VII. PROTECTION

1. Due to the parties voluntarily entering into this Agreement, Carrier agrees to provide New York Dock wage protection (automatic certification) to engineers listed on the Portland Hub Zone 2 or Zone 3 Master Seniority Rosters and working on an assignment as an engineer in said zones on the date this Agreement is implemented and to those engineers covered by Article 11, Section B, Paragraphs 5.a. and 5.b. of the August 13, 1998 Merger Implementing Agreement for Portland Hub Zone 1. This 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 of this Agreement and in the New York Dock conditions.
2. This protection is wage only and hours will not be taken into account.
3. Engineers required to relocate under this agreement will be governed by the relocation provisions of New York Dock. Those required to relocate to Zone 2 or the Spokane sub-zone 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.
      1. This option shall expire five (5) years from date of application for the allowance under Item 2 above.
      2. 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.
   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.

   NOTE: Engineers covered by Article 11, Section B, Paragraphs 5.a. and 5.b. of the August 13, 1998 Merger Implementing Agreement for Portland Hub Zone 1 who elect to return to Portland Hub Zone 1 will be afforded the relocation benefits of this Section C.

4. There will be no pyramiding of benefits.
5. National Agreement “Termination of Seniority” provisions shall not be applicable to Engineers hired prior to the effective date of this agreement.
6. 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 Zone 2 or 3 master seniority rosters with an engineer seniority date prior to the date this Agreement is implemented shall have entry rate provisions waived and engineers acquiring seniority on or after that date shall be subject to the rate progression provisions of the controlling CBA. Those engineers leaving Zones 2 or 3 will be governed by the CBA where they then work. The provisions of this Paragraph F will apply only when said employees are working as an engineer and will not apply or be extended to employee’s services in another craft.