The parties to this Agreement agree that the fundamental objective of the railroad, its management and employees, is to provide service to its customers in the most efficient manner. Accordingly, the parties agree that in interpreting and implementing this agreement, paramount emphasis shall be placed on providing efficient service to customers.

(a) The term "engineer" as herein referred to shall

include all engineers represented by the Brotherhood of Locomotive Engineers, except where otherwise specifically provided for herein. The term "Carrier" shall mean Gateway Western Railway Company. The term "Organization" or "General Committee" shall mean the Brotherhood of Locomotive Engineers, or BLE.

(b) The right to make and interpret contracts covering rules, rates of pay and working conditions on behalf of employees covered by this Agreement shall be vested in the regularly constituted General Committee of the Brotherhood of Locomotive Engineers.

(c) Where the term "duly accredited representative" appears herein, it shall be understood to mean the regularly constituted General Committee and/or the Officers of the Brotherhood of Locomotive Engineers of which such General Committee or Officer is a part.

(d) The use of such words as "he," "his," or "him, as they appear in this Agreement are not intended to restrict the application of the agreement or a particular rule to a particular sex, but are used solely for the purpose of grammatical convenience and clarity.

(e) The provisions herein shall be applied without discrimination based on union membership, race, color, creed, religion, national origin, age, or sex.

(f) References to the Chicago Missouri and Western Company have been deleted and/or changed to Gateway Western Railway except in Rule (46) Leave of Absence and Rule (47) Vacation.

(g) The Rules provided for herein shall constitute a Labor Agreement between the Gateway Western Railway Company and the Brotherhood of Locomotive Engineers and shall be uniformly applied to all engineers collectively, except where specifically provided for herein.

(h) Nothing in this Agreement or Article is intended to change, modify or alter the specific practices or agreement provisions between the parties regarding the scope of duties held by Certified Locomotive Engineers represented by the Brotherhood of Locomotive Engineers. A Certified Engineer whose name appears on the Engineers Seniority Roster will be used to operate all sources of motive power (excluding Maintenance of Way machinery) operated by an employee of GWWR on any and all tracks of GWWR, with the exception of operation of motive power within engine servicing facility tracks. However, this exclusivity of operation will not apply to operation of motive power on GWWR track under the control of another company with authority to operate on GWWR trackage.

The Carrier shall provide the General Committee with a list of engineers who are hired, terminated, or furloughed, their home addresses, and Social Security numbers, if available, otherwise the engineers' identification numbers. This information shall be limited to the engineers covered by the provisions herein. The data shall be supplied within thirty (30 days) after the month in which the engineer is hired, terminated or furloughed.

Section 1 - Probationary Period

Applications for employment shall be rejected within ninety (90) calendar days after seniority date is established, or applicant shall be considered accepted. Applications rejected by the Carrier must be declined in writing to the applicant.

Section 2 - Omission or Falsification of Information

An employee who has been accepted for employment in accordance with Section 1 shall not be terminated or disciplined by the Carrier for furnishing false information in connection with an application for employment or for withholding information therefrom unless the information involved was of such a nature that the engineer would not have been hired if the Carrier had timely knowledge of it.

The Carrier at its expense shall furnish each engineer, covered by this agreement, a copy of same, in booklet form, (8-1/2 x 11), including any revisions thereto.

Employees shall receive all instructions from the Designated Carrier Officer or his representatives, so long as such representative is an employee of the Carrier.

The Carrier shall provide bulletin boards for the posting of Railroad information and separate bulletin boards for the posting of Organization information and business at on and off-duty points. Engineers may be required to maintain bulletin boards at outlying locations.

(a) Except as otherwise provided for under paragraph (b) hereof, eight (8) hours or less, shall constitute a single

day's work or tour of duty.

(b) The daily rate of pay applicable to engineers operating in road freight or express freight service shall constitute the minimum and maximum daily payment regardless of the mile run or hours worked for any single trip or tour of duty.

(c) The term "basic day or basic days's pay" shall mean the daily rate of pay set forth in Rule 9.

(a) Engineers shall be paid every other Friday for wages earned during the pay period ending the Friday two (2) weeks prior to the payday .

(b) Should the payday fall on a legal holiday, the

employee shall be paid on the preceding day or days.

(c) Voucher for pay shortages not due to the fault of the engineer which are equal to one (1) basic day's pay or more shall be issued upon request, with payment to be made (postmarked or delivered) within forty-eight (48) hours of the request, excluding Saturdays, Sundays and holidays.

(d) An engineer may elect to have his paycheck mailed to the address designated by him in writing, rather than to pick it up at a payroll distribution point.

(a) The following rates of pay shall apply to engineers operating in:

DAILY HOURLY

1: terminal freight service $162.30 $13.525

2: road freight service $165.48 $13.79

(b) An engineer holding an extra board assignment shall be paid the daily rate specified above for each day worked in accordance with his extra board assignment.

(a) Engineers establishing seniority will be paid as follows:

First Year - Seventy Five (75) Percent of the applicable rate of pay for the class and craft in which service is rendered.

Second Year - Eighty Five (85) Percent of the applicable rate of pay for the class and craft in which service is rendered.

Third Year - Ninety Five (95) Percent of the applicable rate of pay for the class and craft in which service is performed.

Example: An engineer establishing a seniority date of January 1, 1992 shall be entitled to full rates (one hundred (100) percent) effective January 1, 1995

(b) Any calendar month in which an engineer does not render at least ten (10) days compensated service or is not available for at least ten (10) days shall not count toward completion of the twelve (12) month period comprising any year specified in (a), above.

(c) The above rates shall apply to establish the rate of a position for all purposes under this Agreement whenever that position is occupied by an engineer covered by (a), above.

(d) Service with the ICG for a period of three (3) or more years shall constitute qualifying service in the application of this rule for two (2) years after the commencement of operations.

(a) First General Wage Increase

Effective July 1, 1995, all basic rates of pay in effect on June 30, 1995, shall be increased in the amount of two (2) percent on Terminal Freight (switch engines) and four (4) percent on Road Freight

(b) Second General Wage Increase

Effective July 1, 1996, all basic rates of pay in effect on June 30, 1996 shall be increased in the amount of three (3) percent.

(c) Third General Wage Increase

Effective July 1, 1998, all basic rates of pay in effect on June 30th, 1998 shall be increased in the amount of three (3) percent.

(e) In determining new hourly or minute rates, fractions of a cent shall be disposed of by applying the next higher quarter of a cent.

(a) Terminal freight service engineers shall be paid at the rate of one and one half (1 1/2) times the basic hourly rate for time worked in excess of eight (8) hours in a workday.

(b) Terminal freight service engineers who have worked five (5) days in a work week shall be paid one and one-half (1-1/2) time the basic hourly rate for hours worked on the sixth or seventh day of their work week.

(c) No overtime hours shall be worked or permitted except by direction of the proper supervising official except in cases where advance authority is not obtainable.

(d) There shall be no pyramiding of overtime under any provision of this agreement.

(e) Assigned road freights service engineers shall be paid at the hourly rate of one and one-half (1 1/2) times the basic hourly rate for time worked in excess of:

(i) ten (10) hours in a day for local road freight service; and

(ii) sixty (60) hours in a workweek for assigned and pool freight service.

(a) Effective January 8, 1991, and on January 8 of each calendar year thereafter, the Carriers shall provide a cost-of-living adjustment produced under the Consumer Price Index for Urban Wage Earners and Clerical Workers--All Cities (1982-84 = 100) as published by the Bureau of Labor Statistics, U.S. Department of Labor. The maximum upward cost-of-living adjustment of each employee's straight-time hourly rate of pay shall be subject to a maximum upward adjustment of five (5) percent annum. Cost-of-living adjustments shall be based on the change in the BLS Consumer Price Index during the Measurement Periods as indicated in the following example for the first adjustment:

Measurement Period Effective Date

Base Month Measurement Month of Adjustment

(1) (2) (3)

September, 1989 September, 1990 January 8, 1991

(b) FORMULA: The number of points changed in the BLS Consumer Price Index during a Measurement Period will be converted into cents on the basis of one (1) cent equals 0.3 full point. (By "0.3 full point" it is intended that any remainder of 0.1 point or 0.2 point of change after the conversion will not be counted.)

(c) The cost-of-living wage adjustment shall apply to the hourly rate of pay, overtime and to all other wage allowances (except bonuses) in the same manner as basic wage adjustments would apply.

(d) The cost-of-living wage adjustments provided for hereof shall be rolled-in and made a permanent part of the rates of pay on December 31 of each calendar year, commencing January 8, 1991.

The time for fixing the beginning of assignments or meal periods is to be calculated from the time fixed for the crew to begin work as a unit without regard to preparatory or individual duties.

(a) The Carrier shall provide adequate lockers for each engineer, in a closed facility properly heated and cooled and equipped with washing and toilet accommodations at on and off duty points.

(b) Such facilities shall be maintained in good order and under sanitary conditions. It is expected that engineers occupying locker rooms shall assist in good housekeeping.

(a) Engineers after being on duty between four and one half (4-1/2) and six (6) hours shall be allowed thirty (30) minutes in which to take their lunch at convenient eating establishments or other appropriate facilities, with no deduction of pay or time thereof.

(b) Engineers on freight service assignments not authorized by the Carrier to take a lunch period consistent with paragraph (a) above, shall be allowed thirty (30) minutes at the applicable daily rate of the service assigned.

NOTE: In application of paragraph (a) and (b) above, only one (1) lunch period shall be allowed during any one workday. It is understood that "appropriate facilities", as referenced in (a) above, will comply with applicable federal and state regulations.

(a) Engineers shall be permitted to lay off but must first receive permission from the Designated Carrier Officer or his representative.

(b) The Designated Carrier Officer or his representative shall be available twenty-four (24) hours a day and shall have authority to permit lay offs.

(c) The Designated Carrier Officer or his representative shall tape-record all telephone conversations received from or made to employees and tapes shall be kept for a minimum of ten (10) days. Duly accredited representatives shall be permitted reasonable access to such tapes. In the event of a technical malfunction of the tape recorder or tape, the Carrier shall keep accurate alternative records of telephone conversations with engineers and duly accredited representatives shall have reasonable access to such alternative records.

(d) Regular engineers reporting for service after an absence (including vacation) must do so at least four (4) hours in advance of the starting time of their regular assignment. Extra engineers shall be marked up for service at the time they report and shall be placed last out on the extra board.

(e) Engineers (regular or extra) cannot lay off for less than twelve (12) hours unless extra board is exhausted.

(f) Communication for laying off or reporting shall be furnished the engineer at no expense.

(g) Engineers engaged in Union business shall be granted the right to lay off as necessary, upon request.

(a) Engineers shall have designated points for going on and off duty. When engineers are relieved from their duty assignment at points other than starting and off duty points, the Carrier shall provide adequate and safe transportation to the starting or off duty point, and their pay shall continue until they return to their designated on or off duty point.

(b) In cases of emergency the Carrier will be allowed to arrange lodging for engineers at national or regional hotel chains or other approved lodging agreed to by the President and General Manager and General Chairman.

(a) The starting time of engineers shall commence at the time they are required to report for duty, and their pay shall continue until the time they are relieved from duty consistent with Rules 18 and 19 herein.

(b) Engineers without a fixed starting time shall be called for not less than two (2) hours prior to the time required to report for duty, except in cases of emergency, such as floods, accidents, storms, labor disputes, etc., where engineers shall be required to report as soon as possible.

(c) Engineers must provide themselves with a telephone in order to be called; however, engineers may provide themselves with alternate means by which the Carrier can contact them, provided that they respond within fifteen (15) minutes of the time of the Carrier's call to them.

(a) All regular freight assignments shall be bulletined to operate for not less than five (5) consecutive calendar days per week. Regular freight assignments shall be bulletined in conformity with one of the following classes of service:

(1) Terminal Freight Service. A Terminal Freight Service assignment shall have its starting time, starting point, rest days, and work limits fixed by bulletin. The off-duty point must be the same as the starting point for each work day. Terminal freight limits shall extend thirty-five (35) miles in all directions from home terminal.

(2) Road Freight Service. A Road Freight Assignment shall have its starting time, starting point, and rest days fixed by bulletin. The crew consist for Road Freight Service shall be in accordance with Rule 54 (a). For Pool Service, starting points only shall be fixed.

(b) The workweek for regular assigned engineers shall commence on the first day on which the assignment is bulletined to work. The workweek for extra engineers shall commence at 12:01 a.m. Monday of each calendar week.

(c) In the application of paragraph (a) above, when assignments are annulled for any reason for one day (1) day or more, engineers holding positions thereon shall be allowed one (1) basic days pay at the applicable rate of the position held for each day or days such assignment are annulled. Such payment shall be included in the regular paycheck for that pay period.

(d) The Carrier shall not abolish or annul regular assignments and operate extra assignments in lieu thereof.

(e) All extra freights assignments shall be made from the extra boards provided for by Rule 31. Extra assignments may be made in any class of service, at any time, at the sole discretion of the Carrier.

When assignments are to be abolished or annulled on work days or holidays, engineers assigned thereto shall be notified during the preceding tour of duty, except in emergency conditions such as derailments, fire, or Act of Providence (flood, storm etc.).

Engineers who are called and report for duty and for any reason not used shall be allowed four (4) hours pay at the applicable daily rate for the service called.

(a) Engineers who are runaround or left unplaced through no fault of their own shall be allowed all lost time for each runaround. However, it is the responsibility of the engineer to notify the Designated Carrier Officer or his representative of this fact as soon as the engineer discovers that a runaround has occurred.

(b) A runaround will only occur when an engineer is called out of turn. No runaround shall be deemed to have occurred in the event that an engineer called in turn shall depart, arrive or pass any location after an engineer called after him/her.

(a) Engineers hired subsequent to thirty (30) days from and after the date of this Agreement will establish their relative standing on the seniority roster as of the date and time they pass their physical examination. When two or more engineers pass their physical examinations at the same time and on the same date, they shall be ranked in the order of their date of birth with the older engineer ranking ahead of the younger engineer.

(b) The right to work positions, assignments, promotion (except official positions) and vacations shall be governed by seniority.

(c) Seniority rosters of engineers showing date of employment, promotion and birth date shall be posted on bulletin boards at all designated terminals or headquarters in January of each year over the signature of the Designated Carrier Officer. The Local and General Chairmen shall be furnished copies.

Note: (A statute of limitation of ninety (90) days is hereby fixed to take up or appeal a case of seniority. If ninety (90) days has elapsed without any protest having been filed in such case, it cannot be taken up by the Committee or Carrier.)

(d) Engineers leaving the service of Carrier shall, upon request, be given a service letter signed by the Designated Carrier Officer showing the time of service and the capacity in which employed.

(e) Employees shall be permitted to waive their seniority standing and promotional responsibilities.

(f) The entire railroad system shall constitute a single seniority district over which engineers may exercise their seniority to positions, subject to the provisions provided for herein.

(a) An engineer shall be allowed to exercise seniority from one position to another under the following conditions:

(1) when a permanent vacancy exists;

(2) when a known temporary vacancy of more than five (5) days duration exists;

(3) when displaced by a senior employee as permitted by this Agreement;

(4) when position is abolished; or

(5) when the employee has occupied an assignment for thirty (30) days.

(b) An engineer shall be allowed to exercise seniority from one position to another, provided he notifies the Designated Carrier Officer five (5) days in advance of the day he desires to change. The Carrier will immediately post as a permanent vacancy the assignment that the engineer is vacating.

(c) An engineer exercising seniority from one assignment to another must do so at least four (4) hours before the starting time of the assignment to which seniority is exercised.

(d) No pay shall be allowed for any Deadheading which results from the exercise of seniority under this Rule except when the engineer who is being displaced received deadhead or travel pay to the assignment. Such engineer shall also receive deadhead pay when being displaced, if the employee was not regularly assigned.

(a) Engineer called to deadhead from one duty point to another shall be paid actual time on a minute basis for the deadhead trip at the applicable hourly rate of the service for which Deadheading, with a minimum of four (4) hours pay and maximum of eight (8) hours pay, in addition to the pay to which he may be entitled under Rules 12 and 13. If not called for service within eight (8) hours after the deadhead trip is completed, not less than eight (8) hours at the applicable hourly rate shall be paid for the deadhead trip.

(b) When Deadheading to or from an intermediate point in connection with a service trip, engineers shall be paid on the same basis as in (a), except that the minimum four (4) hour guarantee called for in (a) shall not apply.

(c) Use of a switch engine crew to relieve a road freight service crew shall not be considered a deadhead or give rise to deadhead compensation if such relief takes place within thirty-five (35) miles of the sign-up point of the relieving crew.

(d) When an engineer exercises seniority rights to displace another engineer, no deadhead pay shall be paid to either employee, except as provided under paragraph (e) hereof.

(e) An engineer called to fill a position at a point other than his extra board location shall be paid deadhead pay as provided under paragraph (a). If displaced by a senior engineer or by the return of the regular engineer, he shall be paid deadhead back to his extra board location

(f) Engineers willing and authorized to use their personal automobile for Deadheading shall be allowed twenty-two cents ($.22) per mile for actual miles involved in the deadhead trip, in addition to all other compensation due.

(g) Engineers not electing to drive shall be furnished transportation and shall not be penalized in terms of assignments because of such elections.

Q. If an extra crew is deadheaded to an away from home point what is their proper deadhead compensation ?

A. If the crew commences service following the deadhead without an intervening rest period then Rule 27 (b), actual time prevails.

If the crew is rested and commences service eight hours or less after tie-up, Rule 27 (a), the four hour minimum applies. If the crew is rested and commences service more than eight hours after tie-up, the eight hour minimum applies.

Q. If an extra crew is deadheaded from an away from home point what is their proper deadhead compensation ?

A. If the crew commences deadheading without an intervening rest period, Rule 27 (b), actual time prevails, actual time included the time from original sign-up to final tie-up following deadhead.

If the crew is rested following the service trip, Rule 27 (a) prevails, with a four (4) hour minimum if deadhead in eight hours or less, an eight hour minimum if held in excess of eight hours.

Q. Is a terminal freight assignment entitled to deadhead or other additional compensation if used to "dogcatch" road trains?

A. Terminal freight crew may be used to "dogcatch" trains within thirty five (35) mile of their home terminal. When road trains have expired beyond thirty-five (35) miles from terminal freight home terminals, the extra board will protect this service, if extra men are available. When extra crews are used in this service, crews will be called road freight service but will not receive deadhead compensation.

Q. When a man is called to deadhead from an extra board location to fill a vacancy at an outlying point, is he entitled to deadhead compensation ?

A. When a man is so deadheaded, he will be paid deadhead compensation subject to a four (4) hour minimum, per Rule 27 (a).

Q. When a man is called for a work train assignment, is he entitled to deadhead compensation ?

A. On the initial and final trips of the assignment, the man will be paid a four hour minimum deadhead per Rule 27 (a). No deadhead compensation will be paid for travel during the work train assignment.

Q. Is a terminal freight crew entitled to deadhead payments for travel within a zone thirty five (35) miles from their home terminal ?

A. No.

Q. Is a road freight assignment, pool crew, or extra crew entitled to deadhead payments for travel to or from trains or engines within the thirty five (35) mile zone ?

A. No.

(a) Pool service engineers held at other than home terminal will be paid continuous time, on a per minute basis calculated on one-eighth (1/8) the daily rate, for all time so held after the expiration of sixteen (16) hours from the time relieved from previous duty, at the regular rate per hour paid them for the last service performed. After the expiration of eight (8) hours under pay, an additional sixteen (16) hour period without pay would commence and so forth.

(b) Should a pool service engineer be called for service or ordered to travel (deadhead) after pay begins, the held-away-from-home-terminal time shall cease at the time pay begins for such service or, when deadheading, at the time the train leaves the terminal, except that in no event shall there be duplication of payment for deadhead time and held-away-from-home terminal time.

(c) Payments accruing under this rule shall be paid for separate and part from pay for subsequent service or travel.

(d) For the purpose of applying this rule, the Company will designate a home terminal for each crew in pool classes of service.

(a) When the Carrier ties up engineers at other than the designated home terminal of the engineer for four (4) hours or more, such engineer so tied up shall be provided suitable lodging at the Carrier's expense. The criteria for suitable lodging shall be worked out between the Carrier and the General Committee.

(b) When the Carrier ties up an engineer at other than the designated home terminal, for four (4) hours or more, the engineer so tied up shall receive a meal allowance of six dollars and four cents ($6.04). Additional meal allowances of six dollars and four cents ($6.04) each will be paid after the engineer has been tied up for twelve (12) hours and every six (6) hours thereafter.

(c) Extra board engineers shall be provided with lodging and meal expenses in accordance with this Rule governing the granting of such expenses to the crew they join.

(d) Extra board engineers called to fill vacancies at outlying points, (points other than their extra board locations) shall be provided lodging and meal expenses, subject to the following conditions:

(1) The outlying point must be thirty (30) miles or more from the extra board location.

(2) Lodging and meal expenses shall be provided only when extra engineers are held at the outlying point for more than one (1) tour of duty and shall continue to be provided for the periods held for each subsequent tour of duty.

(e) The Carrier shall provide suitable and safe to and from eating facilities, unless same is located within or in close proximity of lodging location. (to be determined in consideration of weather conditions but in no case more than one-half 1/2) mile)) of the lodging location.

(f) Employees who reside at the away from home terminal of a particular run or assignment may, if they so desire, receive the meal and lodging at the home terminal instead of the away from home terminal, provided:

1) they notify the Carrier of their desire to do so, and

2) the cost of the meal and lodging payments does not exceed the amount to which other members of the crew are other wise entitled.

NOTE: In application of paragraph (b) hereof, the meal allowance shall be increased annually after the first year of the Agreement by a percentage equal to the percentage increase in the consumer price index (National All- Cities Index, CPI-W, December to December), provided in each case that the increase during the measurement period is at least three (3) percent.

(a) Engineers shall not be tied up at intermediate points unless it is apparent the trip can not be completed under the provisions of the Hours of Service Act.

(b) When engineers so tied up shall be paid not less than one (1) basic day at the rate applicable to the service to which assigned up to time of tie up, and shall be considered as again under pay at the expiration of eight (8) hours unless a longer period of rest is required under the Hours of Service Act.

(c) When engineers are relieved from duty at intermediate points, but are to be transported to a terminal of their assignment rather than tied up for rest, they shall be paid in accordance with Rule 18.

NOTE: This section (c) does not apply to road freight service engineers until after the completion of twelve (12) hours of service in a tour of duty.

(d) The foregoing method of pay shall also apply when the

line is obstructed by wrecks, washouts, or similar emergency.

(e) The Carrier shall endeavor to arrange transportation home for engineers who are tied up for an unreasonable or inordinate length of time.

(a) Permanent vacancies are those vacancies created by retirement; death; dismissal; resignation; assignments on newly established runs; assignment vacated by engineers taking other permanent vacancies; vacancies of more than five (5) calendar days, excluding vacations; and, assignments vacated by engineers exercising seniority under the provisions of Rule 25 herein.

(b) Temporary vacancies are those vacancies which are due to illness, injury, vacation, and all other reasons except those referred to in paragraph (a) above. When a temporary vacancy has been open for five (5) calendar days, it shall then be considered a permanent vacancy.

(c) Permanent vacancies shall be advertised by bulletin for five (5) calendar days on Carrier bulletin boards, and shall contain the information required by Rule 20 for the assignment involved. The bulletin shall indicate the last day bids are to be received by the Designated Carrier Officer and the date that the assignment will be awarded, which shall not exceed five (5) calendar days from and after the closing of bids.

NOTE: Engineers absent from service due to sickness or vacation during the bulletin period will have five (5) calendar days from the date of return to service to make applications for the position(s) bulletined during their absence, provided such position(s) has not been awarded to a senior engineer.

(d) The starting time, rest days, on-and-off duty points and assign work limits of an assignment shall not be changed without at least twenty-four (24) hours advance notice to the engineers holding said assignments, except in emergency conditions such as derailments, work stoppages, fire, Act of Providence (flood, storm, etc.). Any change in the starting time by more than two (2) hours, or any change in rest days, on and off duty points or assigned work limits shall constitute a change in the conditions of an assignment and shall require that the assignment be abolished and re-bulletined to reflect the changes.

(e) An engineer desiring to fill the vacancy shall submit his bid in writing to Designated Carrier Officer and Local Chairman, requesting same. The senior qualified engineer submitting the bid shall be assigned.

(f) When no bids are filed for a permanent vacancy as engineer, the vacancy shall be filled by the senior demoted engineer at the point where the vacancy exists. If not so filled, the senior demoted engineer from the nearest point where the vacancy exists shall be assigned.

(g) Temporary vacancies as engineer shall be filled by the senior demoted engineer on the crew on which the vacancy exists. If there are no demoted engineers on the crew, the vacancy shall be filled by the junior available demoted engineer at the point where the vacancy exists. If not so filled, the junior demoted engineer from the nearest point where the vacancy exists shall be called to fill the vacancy. The employee filling the assignment shall remain thereon until the regular engineer reports or until displaced under seniority rules.

(a) Carrier shall have the right to establish extra boards at the following locations (and such additional locations as may be mutually agreed upon between Carrier and the Union):

Kansas City

Slater

Mexico

Roodhouse

East St. Louis (including Venice and Wood River)

(b) All extra boards shall operate on a first-in, first-out basis.

(c) Extra engineers shall be called for service not less than two (2) hours before the time required to report for duty, subject to the provisions of Rule 19 herein.

(d) Extra engineers who are called for service and are unavailable shall be placed last out on the board to which assigned and shall be subject to discipline.

(e) The Carrier shall maintain sufficient extra engineers at each extra board location in order to protect the service and provide adequate reasonable relief for regular engineers.

(f) There shall be no guarantee of work or pay for extra engineers.

(g) Extra boards shall be regulated jointly by the Carrier and the Local Chairman on the first and sixteenth of each calendar month in an attempt to provide each extra engineer assigned thereto an opportunity to earn at least ten (10) basic days pay in each semi-monthly period. The Carrier shall make available the necessary data and records to the Local Chairman for the purpose of assisting in regulating the extra board.

(a) Except as provided under paragraph (b) hereof, when forces are reduced, engineers shall be furloughed in reverse order of seniority.

(b) When forces are reduced at a particular point, and an engineer is unable to remain in service at that point, he may assume a furlough status rather than displace a junior engineer at some other point.

(c) When an engineer is furloughed, it shall be his responsibility to file his telephone number and current mailing address with the appropriate Designated Carrier Officer and General Committee and obtain a receipt that such information was furnished.

(d) When forces are restored, engineers shall be returned to service in seniority order. Recall letters shall be sent to the last known address by U.S. Postal Service, Certified Mail-Return Receipt Requested. An engineer recalled to service shall report within thirty days from the date of recall letter. Failure to so report shall terminate all seniority rights and the employment relationship. An employee so terminated may request an investigation under the provisions of Rule 37, provided he makes written request to the Designated Carrier Officer within thirty (30) calendar days from the date of such termination.

(a) It is recognized that the use of communication systems including the use of and the carrying of portable radios, pursuant to operating rules, is a part of the duties of engineers covered by this Rule.

(b) Portable radios shall not exceed three (3) pounds in weight and shall be equipped with a suitable holder which shall firmly hold the radio close to the body, or shall be of such size as to permit being placed in coat or trouser pockets.

(c) Engineers shall not be held responsible for accidents caused by failure of radio equipment to function, provided that such failure is not due to the abusive or negligent used of the equipment by the engineer.

(d) Engines shall be equipped with stationary operative radio system.

(e) Lanterns, batteries, and bulbs shall be furnished and maintained at no expense to each engineer.

(a) Engines shall be equipped with water coolers or ice chests (of sufficient size to hold crew members' lunches), containerized drinking water, fuel and other necessary supplies. Engines shall be equipped with adequate, comfortable and individual seating and with arm rests.

(b) Engines shall be cleaned and supplied by other than train service employees. It is expected that employees occupying engines shall assist in good housekeeping, while in their use.

(c) When an engineer is instructed or required to clean or supply his/her engine, it will be the responsibility of the engineer to perform these duties and the engineer will be entitled to an additional thirty (30) minutes pay.

(d) Engineers will not be instructed to fuel or sand locomotives.

(e) Engineers will not be required to place rear-end marking devices on the rear car of the train.

The Carrier shall not require or permit Carrier officers, supervisory forces or non-craft employees to engage in the switching, interchange, spotting and/or movement of trains, cars, and equipment on trackage owned, operated and/or leased by the Gateway Western Railway.

NOTE: "Equipment" means machines and mechanical devices used by engineers in connections with their normal duties. It does not refer to equipment utilized by officers or supervisors in conjunction with or as an incident to their normal duties, nor does it refer to machinery and equipment operated by other persons on conjunction with maintenance-of-way, repair, and other work outside the scope of the normal duties of engineers.

When performing in-plant switching, engineers shall not be required to open or close doors on cars or equipment, nor shall they be required to remove gang planks between cars and equipment.

(a) Except as provided in paragraph (c), no engineer will be disciplined, suspended or dismissed from the service until a fair and impartial formal investigation has been conducted by an authorized Carrier officer.

(b) (1) Except when a serious act or occurrence is involved, an engineer will not be held out of service in disciplinary matters before a formal investigation is conducted. A serious act or occurrence is defined as Rule "G", Insubordination, Extreme Negligence, or Dishonesty.

(2) If an engineer is held out of service before a formal investigation for other than a serious act or occurrence, he will be paid what he would have earned on his assignment had he not been held out of service beginning with the day he is taken out of service and ending with date the decision is rendered or he is returned to service, excluding the days of the informal investigation, whether or not he is disciplined. Holding an engineer out of service before a formal investigation or paying him for being out of service for less than a serious act or occurrence is not prejudging him.

(c) Formal investigations, except those involving a serious act or occurrence, may be dispensed with should the engineers involved and/or the Local Chairman and authorized officer of the Carrier, through informal handling, be able to resolve the matter to their mutual interest. Request for informal handling must be made at least twenty four (24) hours before a formal investigation is scheduled to begin. No formal transcript. statement or recording will be taken at the informal handling. When a case is handled informally and the matter of responsibility and discipline to be assessed, if any, is resolved, no formal investigation will be required. A written notice of the discipline assessed and the reason therefor will be issued to the engineers responsible, with a copy to the Local Chairman, if he participated in the informal handling, at the conclusion of the informal handling. Discipline matters resolved in accordance with this paragraph are final and binding.

(d) (1) An engineers directed to attend a formal investigation to determine his responsibility, if any, in connection with an act or occurrence will be notified in writing within ten (10) days from the date of the act or occurrence, or in cases involving dishonesty, criminal or moral offenses, or letters of complaint within ten (10) days from the date the Designated Carrier Officer becomes aware of such act or occurrence. the notice will contain:

(A) The time, date, and location where the formal investigation will be held.

(B) The date, approximate time and the location of the act or occurrence.

(C) A description of the act or occurrence which is the subject of the investigation.

(D) A statement that he may be represented by his duly accredited representative of the Brotherhood of Locomotive Engineers.

(E) The identity of witnesses directed by the Carrier to attend to the extent known at the time of the notice, provided that the identity of all witnesses to attend the formal investigation on behalf of the Carrier must be provided to the engineer at least forty eight (48) hours prior to the investigation hearing.

(2) When a letter of complaint against an engineer is the basis for requiring him to attend the forma investigation, the engineer will be furnished a copy of the written complaint together with the written notice for him to attend the investigation.

(e) (1) The investigation on any matter must be scheduled to begin within ten (10) days from the date the notice of the investigation is mailed to the engineer.

(2) An engineer who may be subject to discipline will have the right to have present desired witnesses who have knowledge of the act or occurrence, to present testimony, and the Carrier will order employee witness to be in attendance.

(3) The time limit is subject to the availability of the principal(s) involved and witness(es) to attend the formal investigation and may, by written notice to the engineers involved be extended by the equivalent amount of time the principal(s) involved or necessary witnesses are off duty due to sickness, temporary disability, discipline, leave of absence or vacation.

When an engineer is being held out of service for a serious act or occurrence pending the investigation and other principal(s) or witness(es) are not available for the reasons cited, he may request commencement of the investigation. If either the engineer or the Carrier officer is of the opinion that the testimony of the unavailable principal(s) or witness(es) is necessary for the final determination of the facts and discipline has been assessed against the engineer as a result on the investigation, such discipline will be reviewed when the testimony of the missing principal(s) or witness(es) is available.

(4) When formal investigation is not scheduled to begin within the time limit set forth in this rule, no discipline will be assessed against the engineer.

(5) An engineer who may be subject to discipline and his representative will have the right to be present during the entire investigation. Witnesses appearing at the request of the Carrier at a formal investigation will be called upon prior to the engineer subject to discipline and those witnesses testifying in his behalf. Witnesses may be examined separately but those whose testimony conflicts will be brought together.

(f) When an engineer is assessed discipline, a true copy of the investigation records will be given to the engineer and his duly accredited representative.

(g) If discipline is to be imposed following a formal investigation, the engineer to be disciplined will be given a written notice of the decision within fifteen (15) days of the date the formal investigation is completed. The written notice will be issued at least fifteen (15) days prior to the date on which the discipline is to become effective except that in cases involving serious acts or occurrences, discipline may be effective upon receipt of the notice of discipline.

(h) (1) When an engineer or his duly accredited representative considers the discipline imposed unjust and has appealed the case in writing to the Labor Relations Officer having jurisdiction within fifteen (15) days of the date the engineer is notified of the discipline, the engineer will be given an appeal hearing.

(2) The hearing on an appeal, if requested, will be granted within fifteen (15) days of the Labor Relations Officer's receipt of the request for an appeal hearing.

(3) Except when discipline assessed is dismissal, or when an engineer has been held out of service under paragraph (b) and assessed discipline, this appeal will act as a stay in imposing the discipline until after the engineer has been given an appeal hearing.

(4) At appeal hearings, an engineers may, if he desires to be represented at such hearings, be accompanied by his duly accredited representative.

(5) The Labor Relations Officer having jurisdiction will advise the engineer of the decision in writing within fifteen (15) days of the conclusion of the appeal hearing, with a copy to the Local Chairman. If the decision is to the effect that the discipline will be imposed, either in whole or for a reduced period, the stay referred to in paragraph (h) (3) will be lifted and the discipline will be effective on the days following the day the engineer is notified of the decision.

(i) The General Chairman must, within sixty (60) days after the date the decision is rendered by the Labor Relation Officer, make an appeal in writing to the highest appeal officer of the Carrier requesting either that he be given a written response or that the case be held in abeyance pending discussion in conference with the highest appeals officer of the Carrier. When a written response is requested, the highest appeals officer of the Carrier will give written notification of his decision to the General Chairman within sixty (60) days after his receipt of the appeal. When a request is made for the case to be held in abeyance pending discussion in conference, the conference will be arranged within sixty (60) days after the highest officer of the Carrier receives the request for a conference. The highest appeals officer of the Carrier will give written notification of his decision to the General Chairman within sixty (60) days after the date of the conference.

(j) The decision of the highest appeals officer of the Carrier will be final and binding unless within sixty (60) days after the date of the written decision, that officer is notified in writing that his decision is not accepted. In the event of such notification, the decision is still final and binding unless the case is submitted to a tribunal having jurisdiction pursuant to law within six months computed from the date the decision was rendered.

(k) (1) Time limits provided for in this rule may be extended or waived by agreement in writing between the applicable officer of the Carrier and the engineer's Local or General Chairman.

(2) If discipline assessed is not appealed within the time limits set forth in this rule or as extended, the decision will be considered final. If the decision on the appeal is not rendered within the time limits set forth in this rule or as extended, the discipline assessed will be expunged.

(1) When notification in writing is required, personal delivery of proof of mailing within specific time limits will be considered proper notification.

Q-1. Re (b) (1): What is meant by the term "Extreme Negligence" ?

A. The right of Management to remove an engineer from service allegedly involved in extreme negligence must be used sparingly and duly confined to transgressions of high risk or danger so that Management can say with justification that, notwithstanding the sanctity of the provisions of this Rule, the protection of life and limb of affected employees and protection of Carrier property or property entrusted to custody of the Carrier, cry out for or demand the immediate removal of the engineer.

Q-2. What types of discipline may be assessed ?

A. Reprimand, deferred suspension, actual suspension, and dismissal. Each may be assessed individually, but they may not be used in combination.

Q-3. If the discipline assessed is deferred suspension, when will an engineer be required to serve the deferred suspension. ?

A. An engineer will be required to serve the deferred suspension only if he commits another offense for which discipline by suspension, actual or deferred, is subsequently imposed within the succeeding six (6) month period.

Q-4. Will only one investigation be held when more than one employee is involved in the same occurrence or offense?

A. Yes, whenever all involved are available.

Q-5. What rights does an engineer have under Rule 37 if he has not yet completed his 90 day probationary period?

A. Until his application is accepted or rejected, a probationary employee has the same right regarding Discipline and Investigation as any other employee,except that nothing in Rule 37 is to be construed as limiting in any way the Carrier's right to reject the employee's application in accordance with Rule 3.

(a) All claims or grievances must be presented in writing by or on behalf of the engineer involved to the officer of the company authorized to receive same, within sixty (60) days from the date of occurrence on which the claim or grievance is based. If not filed within this time limit, the claim or grievance shall be considered to be "waived" and may not be processed or considered further. Should any such claim or grievance be disallowed, the carrier shall within sixty (60) days from the date same is filed, notify the engineer or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or grievances.

(b) If a disallowed claim or grievance is to be appealed to the highest officer designated to handle claims or grievances, such appeal shall be taken within sixty (60) days from receipt of notice of disallowance from the first officer of the Carrier. Should any such appeal be disallowed, the Carrier shall within sixty (60) days from date of filing the appeal, notify the engineer or his representative in writing of the reasons for such disallowance. Failing to comply with these provisions, the matter shall be considered closed, but this shall not be considered a precedent or waiver of the contentions of the employees or Carrier as to other similar claims or grievances.

(c) The procedure outlined in paragraphs (a) and (b) shall govern in appeals taken to each succeeding officer. A conference shall be held with the Highest Designated Officer of the Carrier each ninety (90) days on all pending claims unless extended by mutual consent. All claims or grievances involved in a decision of the highest officer shall be barred unless within ninety (90) days following the date of the conference, proceeding are instituted by the engineer or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved.

(d) All rights of a claimant involved in a continuing alleged violation of the agreement shall, under this Rule, be fully protected by continuing to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the Carrier. With respect to claims and grievances involving an engineer held out of service in discipline cases, the original notice or request for reinstatement with pay for time lost shall be sufficient.

(e) This Rule recognizes the right of representatives of the Organization hereto to file and prosecute claims and grievances for and on behalf of the engineers they represent.

(f) This Rule shall not apply to requests for leniency.

(g) Unless otherwise provided for herein, it is expressly understood that any claim for compensation submitted to the Carrier on account of a violation of this Agreement and subsequently found to be valid will be paid on the basis of not less than a basic day's pay at the applicable rate for each day covered by the claim.

(h) The time limits provisions in this Rule may be extended at any level of handling in any particular claim by mutual consent in writing of the duly authorized officer of the Carrier and representative of the Organization.

Section 1 - Regular Engineers:

(a) Regularly assigned engineers who meet the qualifications set forth below shall receive one (1) basic day's pay at daily rate of the position to which regularly assigned for each of the following enumerated holidays:

New Year's Day Thanksgiving Day

Fourth of July Christmas Eve

Labor Day Christmas Day

Note: (When any of the above listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday. When Christmas Day falls on Sunday and is observed on Monday, then Sunday shall be considered the holiday for Christmas Eve.)

(b) Regularly assigned engineers who perform service on any of the holidays listed above shall be paid for such services at the overtime rate (one and one-half (1 1/2) times the daily or hourly rate, as applicable), in addition to the holiday pay called for in (a) for which the engineers qualifies.

(c) To qualify for holiday pay, a regularly assigned engineers must be available for or perform service as a regularly assigned engineer on the workdays immediately preceding and following such holiday, and if his assignment works on the holiday, the engineer must fulfill such assignment. However, a regularly assigned engineer whose assignment is annulled, cancelled or abolished, or a regularly assigned employee who is displaced from a regular assignment as a result thereof on:

(1) the workday immediately preceding the holiday,

(2) the holiday, or

(3) on the workday immediately following the holiday,

shall not thereby be disqualified for holiday pay, provided he does not lay off on any of such days and makes himself available for service on each of such days, unless, the

assignment does not work on the holiday. If the holiday falls on the last day of an employee's work week, the first workday following his "days off" shall be considered the workday immediately following the holiday. If the holiday falls on the first workday of his work week, the last workday of the preceding work week shall be considered the workday immediately preceding the holiday.

Section 2 - Extra Engineers

(a) Extra engineers who meet the qualifications set forth below, shall receive one (1) basic day's pay at the daily rate on any of the holidays enumerated under Section (1), (a), herein.

Note: (When any of the above listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday. When Christmas Day falls on Sunday and is observed on Monday, then Sunday shall be considered the holiday for Christmas Eve.)

(b) To qualify, an extra engineer must:

(1) perform service on the calendar days immediately preceding and immediately following the holiday, and be available for service the full calendar day on the holiday, or

(2) be available for service on the full calendar days immediately preceding and immediately following the holiday and perform service on such holiday, or

(3) If he cannot qualify under (1) or (2) hereof, then in order to qualify, he shall be available for service on the full calendar days immediately preceding and immediately following the holiday, or perform service on any one (1) or more of such days and be so available on the other day or days.

Note: (For the purposes of (1), (2), and (3), above, an extra engineers shall be deemed to be available if he is ready for service and does not lay off of his own accord, or if he is required by the Carrier to perform other service in accordance with schedule rules provided for herein.)

(c) Extra engineers who perform service on any of the holidays enumerated under Section (1) (a), herein shall be paid for such services at the overtime rate, in addition to the holiday pay called for in (b) for which the engineer qualifies.

Section 3 - Regular and Extra Engineers: Holidays during Vacation Period :

(a) When one (1) or more of the enumerated holidays fall during the vacation period of the employee, his qualifying days for holiday pay purposes shall be his workdays immediately preceding and following the vacation period.

(b) Only one (1) basic day's pay shall be paid for the holiday irrespective of the number of shifts worked. If more than one (1) shift is worked on the holiday, the holiday pay allowance of one (1) basic day's pay shall be a the rate of pay of the first shift worked.

Section 4- Regular And Extra Engineers: (Special Holiday Qualifying Provisions)

An engineer who meets all other qualifying requirements

shall qualify for holiday pay for both Christmas Eve and Christmas Day if on the "workday" (for a regularly assigned engineer) or the "calendar day" (for an extra or unassigned engineer) immediately preceding the Christmas Eve holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" before the holiday and on the "workday" or the "calendar day", as the case may be, immediately following the Christmas Day holiday he fulfills the qualifying requirement applicable to the "workday" or the "calendar day" after the holiday.

An engineer who does not qualify for holiday pay for both Christmas Eve and Christmas Day may qualify for holiday pay for either Christmas Eve or Christmas Day under the provision applicable to holidays generally.

(a) The Carrier shall provide each engineer six (6) paid personal leave days in each calendar year at the daily pro rata rate of the last service performed.

(b) Personal leave day or days may be taken upon forty-eight (48) hours advance notice to the proper officer of the Carrier, provided that such leave days may be taken only when consistent with the Carrier's service requirements. If engineers are not permitted to take one (1) or more personal leave days during the calendar year, each such day shall be paid at the basic daily rate during the month of January of the following year.

(c) Personal leave days granted herein shall be taken within the calendar year such day or days are earned.

(d) Engineers taking personal leave days shall not thereby be disqualified for holiday pay, except that a personal leave day taken immediately prior to or after the holiday shall not qualify as a "workday" for purposes of meeting the qualification requirements of Section 1(c) and 2(b) of Rule 39.

(e) The BLE Local Chairman shall assign all personal leave days for engineers subject to guidelines based on the needs of service. The Local Chairman will be responsible to see that sufficient manpower is available to the Carrier at all times without additional expense or inconvenience. If any problems arise in the handling of personal leave days, the General Chairman and Vice President and Chief Transportation Officer shall meet immediately to resolve such problems.

(f) Once assigned, the personal leave day will not be changes or altered in any way, except as required by the BLE Local Chairman or Local Committeeman.

(g) An Engineer will be allowed to carry over his unused personal days from the even year to the odd year; (Example: 1988 to 1989) but not from the odd year to the even year (Example: 1989 to 1990)

(h) An engineer will not be allowed to take more than two (2) personal leave days during the month of December in any year.

(a) Engineers who are required to attend rule, rule recertification, medical, safety or instruction classes on their own time shall be paid time consumed, with a minimum of three (3) hours for each attendance, at the applicable basic rate of the position to which assigned.

(b) Engineers who are required to attend rule, rule recertification, medical, safety or instruction classes shall, if reasonably possible, be afforded an opportunity to take same without loss of work.

(c) Engineers who are required to attend rule, rule recertification, medical, safety, or instructional classes, shall be paid for all time lost.

(a) Engineers attending court, giving depositions, and/or appearing before proper authorities on behalf of or on instructions of the Carrier, shall be allowed all time lost, with a minimum of one (1) basic day, at the applicable daily rate for each calendar day; and shall be allowed actual reasonable and necessary expenses incurred, with the understanding the engineer shall furnish a written receipt for such expense before being reimbursed.

(b) Engineers required to attend Carrier business at their home terminals, such as attending court, giving depositions, and appearing before proper authorities, shall be paid for actual time consumed, with a minimum of four (4) hours, at the applicable daily rate and shall be allowed actual, reasonable and necessary expenses incurred, with the understanding the employee shall furnish a written receipt for such expense before being reimbursed.

If prevented from working on their assignments, they

shall be paid for actual time lost.

Bereavement leave, not in excess of three (3) calendar days, following the date of death shall be allowed in case of death of an engineer's brother, sister, parent, child, stepchild, spouse or spouse's parent. In such cases a minimum basic day's pay at the rate of the last service rendered shall be allowed for the number of working days lost during bereavement leave. Engineers involved shall make provision for taking leave with their supervising officials in the usual manner.

Q-1: How are the three (3) calendar days to be determined?

A-1: An employee shall have the following options in deciding when to take bereavement leave:

(a) three (3) consecutive calendar days, commencing with the day of death, when the death occurs prior to the time an employee is scheduled to report for duty;

(b) three (3) consecutive calendar days, ending the day of the funeral service; or

(c) three (3) consecutive calendar days, ending the day following the funeral service.

Q-2: Does the three (3) calendar days allowance pertain to each separate instance, or do the three (3) calendar days refer to a total of all instances?

A-2: Three (3) days for each separate death; however, there is no pyramiding where a second death occurs within the three (3)-day period covered by the first death.

Example: An engineer has a work week of Monday to Friday -- off-days of Saturday and Sunday. His mother dies on Monday and his father dies on Tuesday. At the maximum, the employee shall be eligible for bereavement leave on Tuesday, Wednesday, Thursday and Friday.

Q-3: An engineer working from an extra board is granted bereavement leave on Wednesday, Thursday and Friday. Had he not taken bereavement leave he would have been available on the extra board, but would not have performed service on one of the days on which leave was taken. Is he eligible for two (2) days or three (3) days of bereavement pay?

A-3: A maximum of two (2) days.

Q-4: Shall a day on which a basic day's pay is allowed account bereavement leave serve as a qualifying day for holiday pay purposes?

A-4: No; however, the parties are in accord that bereavement leave non-availability shall be considered the same as vacation non-availability and that the first work day preceding or following the employee's bereavement leave, as the case may be, shall be considered as the qualifying day for holiday purposes.

Q-5: Shall an engineer be entitled to bereavement leave in connection with the death of a half-brother or half-sister, stepbrother or stepsister, stepparents or stepchildren?

A-5: Yes, as to half-brother or half-sister, no, as to stepbrother or stepsister, stepparents or stepchildren. However, the Rule is applicable to a family relationship covered by the Rule through the legal adoption process.

Q-6: Shall bereavement leave payment be applicable during employee's vacation period?

A-6: No.

Q.7: An engineer qualifies for holiday pay on a holiday which occurs on a day the employee also qualifies for bereavement leave pay. Under these circumstances, is the employee entitled to be paid both the holiday and bereavement leave allowance?

A-7: No. The engineers shall be entitled to only one (1) basic day's pay.

Q-8: An engineer is granted bereavement leave on Wednesday, Thursday, and Friday. He was paid under the Bereavement Leave Rule for Wednesday and Thursday; however, the claim for Friday, a day on which the crew of which such employee was a member was at the away-from-home terminal and received an authorized return deadhead trip for which they were allowed deadhead pay under Rule 26 (a) herein, was denied. Is such Bereavement Leave payable for Friday?

A-8: Yes, inasmuch as the deadhead trip was authorized and represents a time lost on a separate qualifying calendar day.

Engineers summoned for jury duty and required to lose time from their assignment as a result thereof, shall be paid for actual time lost, with a minimum of one (1) basic day's pay at the rate applicable to the last service performed, for each day lost less the amount allowed them for jury service, excepting allowances paid by the court for meals, lodging or transportation, subject to the following qualification requirements and limitations:

(1) Engineers shall furnish the Carrier with a statement from the court of jury allowances paid and the days on which jury duty was performed.

(2) The number of days for which jury duty shall be paid is limited to a maximum of sixty (60) days of compensation in any calendar year.

(3) No jury duty payment shall be allowed for any day or days for which the employee receives vacation, personal leave or holiday compensation.

(4) Engineers shall not be required to work on their assignments on days in which jury duty is performed.

Engineers accepting full time official positions with the Carrier or the Organization shall retain and continue to accumulate seniority. Engineers who voluntarily or involuntarily leave such positions and return to the service within thirty (30) calendar days, thereafter, shall be permitted to exercise their seniority.

(a) An engineer desiring to remain away from service on a leave of absence shall obtain permission from the Designated Carrier Officer. Engineers granted a leave of absence shall keep the Designated Carrier Officer and General Committee advised of their current mailing address.

NOTE: A leave of absence is not required, but may be requested, when an engineer is unable to perform service for the Carrier due to bona fide illness or injury. Layoffs for illness and injury are governed by Rule 17.

(b) When the requirements of the service permit, engineers on request, shall be granted leave of absence not to exceed thirty (30) days, with privilege of renewal. Leave of absence in excess of ninety (90) days in any twelve (12) month period shall not be granted unless by agreement between the Carrier and the General Committee. Engineers granted a leave of absence shall keep the Designated Carrier officer and General Committee advised of their current mailing address.

(c) Except for engineers in service for four (4) years or less with the U.S. Armed Forces, an engineer who is absent on leave and who engages in other employment shall forfeit his seniority and be considered out of service, unless agreed to between the Carrier and the General Committee.

(d) Engineers who fail to report for duty at the expiration of their leave of absence shall be terminated and removed from the seniority roster, except where it is determined that failure to report is the result of an unavoidable delay, in which case the leave of absence will be extended to include such delay. Engineers terminated under the conditions hereof may request an investigation under the provision of Rule 37 herein, provided such employee files a written request to the designated Carrier Officer within thirty (30) calendar days from the date of termination.

(e) Employees desiring to return from leave of absence before the expiration thereof shall be permitted to do so upon forty-eight (48) hours' written advance notice to the Designated Carrier Officer with copy to the Local Chairman.

(f) An engineer retired under the disability provisions of the Railroad Retirement Act shall retain seniority until he attains the age of sixty-two (62) years, but the position vacated by him upon his retirement will be bulletined for permanent appointment, unless abolished. Should he recover sufficiently to resume service prior to attaining the age of sixty-two (62) years, he shall be permitted to exercise seniority over junior employees.

(g) CMW employees who are on an accredited leave of absence granted by the CMW who but for such leave of absence would have been considered for employment by the GWWR, and who apply for employment within thirty (30) days following their return from the leave of absence, shall be considered for employment by the Carrier on the same terms as an original applicant and, if hired, shall have the same rights under this Agreement as employees who entered the service of the Carrier on the date operations commenced or within thirty (30) days thereafter.

(a) Qualifying engineers shall be entitled to paid vacation, subject to the following:

Years of Service Amount of Vacation

After one years One (1) week - (7 calendar days)

service

After two years Two (2) weeks - (14 calendar days)

service

After ten years Three (3) weeks - (21 calendar days)

service

After fifteen years Four (4) weeks - (28 calendar days)

service

Engineers' vacation shall not be extended by reason of any of the recognized holidays enumerated in Rule 39 herein:

(b) Engineers shall be required to submit vacation request before December 1 of each calendar year. Vacations shall be taken from January 1st to December 31st of the calendar year following the year in which the vacation is earned and shall commence on Monday at 12:01 a.m. Due regard consistent with requirements of the service shall be given to the desires and preferences of the engineers seniority order when fixing dates for their vacations.

Effective on the second anniversary date after Carrier commences operations, employees who are or thereafter become entitled to three (3) weeks vacation may elect to take one (1) weeks vacation in increments of less than seven days (7) calendar days. Prior to the effective date of this change the parties will mutually agree on reasonable procedures for scheduling such vacations representatives of the Carrier and Organization shall cooperate in assigning vacation periods.

(c) Without written permissions of the General Manager, engineers shall not accumulate vacation from year to year.

(b) For each week of vacation, the engineer shall be paid 1/52 of the compensation earned (excluding bonus and fringes) during the preceding calendar year, or five basic days' pay at the rate of the last service performed, whichever is greater.

(e) Engineers shall perform one hundred sixty (160) days of compensated service in any calendar year to qualify for vacation in the ensuing year as provided under paragraph (a) above. Calendar days on which an engineer is available for service (within meaning of Rules 17, 31 and 32) and on which he performs no service shall be included in the determination of qualification for vacation; also, calendar days on which an engineers is absent from and unable to perform service because of illness or injury shall be included, as follows:

10 days minimum - under 3 years' service

20 days maximum - 3 to 14 years' service

30 days maximum - 15 or more years' service

(f) The vacation provided for under this Rule shall be considered to have been earned when the engineer has qualified under paragraph (a) and (e) hereof. If an engineer's employment status is terminated for any reason whatsoever, including, but not limited to, retirement, resignation, discharge, non-compliance with union shop agreement, or failure to return after furlough, he shall at the time of termination be granted full vacation pay for vacation earned in the preceding year not yet granted, and vacation for the succeeding if the engineer has qualified therefore under paragraphs (a) and (e). If an engineer thus entitled to vacation or vacation pay shall die, the vacation pay earned and not received shall be paid to such beneficiary as may have been designated, or in the absence of such designation, the surviving spouse or children of his estate, in that order of preference.

(g) Former employees of the Chicago Missouri & Western who enter service of the Gateway Western Railway on the date of commencement of operations of the GWWR, or within thirty days thereof, shall be given credit for CM&W service in applying all provisions under this Rule. In the first calendar year of service following the commencement of operations, the GWWR shall grant the appropriate amounts of time off to employees who earned vacations while CM&W employees but who seek to take vacations after commencing service with the GWWR. Vacation pay for such employees during the calendar year is the responsibility of the CM&W.

(h) Engineers shall not be considered available for service while on assigned vacation, but if so used shall be allowed time and one half (1 1/2) in addition to their regular vacation pay.

(a) Engineers will be required to take medical examinations, which shall include back x-rays and screening for illegal drugs. Such examinations shall not be more frequent than one each year, unless in the opinion of the Designated Carrier Officer, the employee's health or condition is such that an examination should be made for the purpose of informing the employee of any disability so that proper treatment can be given.

NOTE: (The Carrier shall pay the entire cost of such examination and time lost by the engineer when required to take examination.)

(b) If an engineer should be disqualified upon examination by the Carrier's physician and feels that such disqualification is not warranted, the following rules will apply:

(1) The engineer involved, at his expense, shall select a physician to represent him, and the Carrier, at its expense, shall select a physician to represent it, in conducting a further medical examination. If the two (2) physicians thus selected shall agree, the conclusions reached by them shall be final.

(2) If the two (2) physicians selected in accordance with paragraph (1) should disagree as to the condition of such engineer, they shall select a third (3rd) physician at the joint and equal expense of the Carrier and the engineer, who shall be a practitioner of recognized standing in the medical profession and a specialist in the condition, or conditions from which the engineer is alleged to be suffering, and the three (3) physicians shall constitute a Board of Medical Examiners and shall examine the engineer and render a report within a reasonable time, not exceeding fifteen (15) calendar days after such examination, setting forth his condition and their opinion as to his fitness to continue service in his regular employment. The concurring opinion of two (2) such physicians shall be final.

(c) If an engineer is held from service for an examination or for an alleged medical condition and upon examination is found to be fit to resume duty, he shall be reinstated and paid for time lost.

(d) Should the decision be adverse to the engineer and it later definitely appears that his condition has improved, a re-examination shall be arranged after a reasonable interval upon request of the engineer and upon presentation of evidence from his physician that his condition is improved to the extent of making him fit for service.

(a) Subject to the terms and conditions hereinafter set forth, all employees of the Carrier now or hereafter subject to the rules and working conditions agreement between the parties hereto shall, as a condition of their continued employment subject to such agreement, become members of the BLE party to this Agreement representing their crafts or classes within ninety (90) calendar days of the date they first perform compensated service as such employees after the effective date of this Agreement, and thereafter shall maintain membership in good standing in such BLE while subject to the rules and working conditions agreement between the parties, provided, however, that the foregoing requirement for membership in the BLE shall not be applicable to:

(1) Employees to whom membership is not available upon the same terms and conditions as are generally applicable to any other member, or

(2) Employees to whom membership has been denied or terminated for any reason other than the failure of the employee to tender the periodic dues, initiation fees and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership in the BLE, or

(3) Employees covered by the rules and working conditions agreement between the parties, who maintain membership in any one of the other labor organizations, national in scope, organized in accordance with the Railway Labor Act and admitting to membership employees of a craft or class engaged in the services or capacities within the jurisdiction of the First Divisions of the National Railroad Adjustment Board, provided, that nothing contained in this Agreement shall prevent an employee from changing membership from one such organization to another admitting to membership employees of a craft or class in any of said services or capacities.

(b) Employees who retain seniority under the rules and working conditions agreement, between the parties hereto, governing their classes or crafts and who are assigned or transferred for a period of thirty (30) calendar days or more to employment not covered by such Agreement, or who are on leave of absence starting after the effective day of this Agreement for a period of thirty (30) calendar days or more, shall not be required to maintain membership as provided in paragraph (a) of this Rule so long as they remain in such other employment, or on such leave of absence, but they may do so at their option. If and when such employees return to any service covered by the said rules and working conditions agreement, they shall, as a condition of their continued employment subject to such agreement, comply with the provisions of paragraph (a) of this Rule within thirty (30) calendar days of such return to service.

(c) An employee whose membership in the BLE is terminated while on furlough due to reduction in force, or while off duty on account of sickness or injury for a period of thirty (30)

calendar days or more, and who is required to maintain membership under the provisions of paragraph (a) of this Rule, shall be granted upon his return to service in any of the crafts or classes represented by the BLE a period of thirty (30) calendar days within which to comply with paragraph (a) of this Rule.

(d) Every employee required by the provisions of this Rule to become and remain a member of a labor organization shall be considered by the Carrier to be either a member of the BLE as provided for herein or to be a member of any one of the other labor organizations referred to in paragraph (a) hereof, unless the Carrier is advised to the contrary in writing by the BLE. The BLE shall be responsible for initiating action to enforce the terms of this Rule.

(e) (1) The General Committee shall furnish to the Carrier, in writing, and in duplicate, the name and roster number of each employee whose seniority and employment the Union requests be terminated by reason of failure to comply with the membership requirements of this Rule.

(2) In the event the Carrier Officer wishes to dispute the correctness of the BLE's position, he shall so notify the General Committee within ten (10) calendar days of receipt of the notice from the latter, stating the reasons therefor. If, (1) no such exception is taken by the Carrier Officer, or (2) the General Committee does not withdraw its request within ten (10) calendar days from the date of the notice of exception, the Designated Carrier Officer shall transmit to the employee at his last known address through registered United States mail with return receipt, the original of the General Committee's request, accompanied by an explanatory letter, a copy of which shall be furnished the General Committee.

(3) Within ten (10) calendar days from the date of the Carrier Officer mailing notice to the employee, as provided in sub-paragraph (2) of this paragraph (e), the said employee's seniority and employment in the crafts or classes represented by the Union shall be terminated, unless the notice is withdrawn by the Union in the interim or unless a proceeding under the provisions of paragraph (g) of this rule is instituted.

(f) The provision of the rules and working conditions agreement between the parties pertaining to investigations, trials and appeals, are inapplicable to the termination of seniority and employment provided for under this Rule.

(g) (1) An employee notified in accordance with the provisions of paragraph (e) hereof that he has failed to comply with the membership requirements of this Rule and who wishes to dispute the fact of such failure, shall if he submits request to the Carrier Officer within a period of ten (10) calendar days from the date of mailing of such notice, be given a hearing. The Carrier shall notify the employee in writing the time and place at which such hearing shall be held and copy sent to the General Committee. The hearing shall be confined exclusively to the question of the employee's compliance with the provisions of this rule. At such hearing, a representative of the BLE may be present and participate therein. The Carrier shall render a decision in writing within ten (10) calendar days and mail a copy thereof to the employee involved and the General Committee.

(2) Receipt by the Carrier of notice from an employee that he wishes to dispute the charge that he has failed to comply with the membership requirements of this Rule, shall operate to stay action on the termination of his seniority and employment pending decision and thereafter until terminated in accordance with paragraph (g)(3) hereof.

(3) If the decision is the employee failed to comply with the provisions of this Rule, such employee's seniority and employment shall be terminated within five (5) calendar days after date of such decision.

(h) Neither this Rule nor any provision contained herein shall he used as a basis for a time or money claim against the Carrier, nor shall any provisions of any other agreement between the parties hereto be relied upon in support of any claim which may arise as the result of the application of this Rule.

Section 1.

(a) The Carrier shall, subject to the terms and conditions of this Rule, periodically withhold and deduct sums for monthly membership dues and assessments (not including fines and penalties) uniformly required as a condition of retaining union membership, due to Organization from wages due and payable to employees working under agreements between the Carrier and Organization, who are members of the Organization, and who have so authorized the Carrier by signed authorizations.

(b) The Organization shall assume the full responsibility for the procurement and proper execution of said authorization from, and for delivery of said forms to the Carrier no later than the first days of the second payroll period of the month from which the deductions are to be made. Likewise, revocation of authorization forms shall be delivered by the Organization to the Carrier not later than the first day of the second payroll period of the month in which termination of deductions is to take place.

Section 2.

(a) Deductions, as provided herein, shall be made by the Carrier in accordance with a master deduction list prepared by the Treasurer of Local ________ of the Organization, listing each affected employee in employee number order. Such list, together with authorized forms, shall be furnished to the Carrier on or before the first day of the month preceding the month in which deductions are to take effect under the provisions of this Rule.

(b) Thereafter, any deletions or additions to the master deduction list, or any changes in the amounts to be deducted from wages of employees, shall be furnished to the Carrier not later than the first day of the second payroll period of the month in which such changes are to be made, such information to be accompanied by the proper authorization or revocation forms. Any changes shall be given to the Carrier not later than the first day of the second payroll period of the month on a copy of the list the Carrier will furnish the Treasurer of Local _____, which is referred to in Section 4 of this Rule.

Section 3.

(a) Deductions will be made from the wages earned in the second payroll period of the month in which the aforementioned certified statements are furnished to the Carrier.

(b) The following payroll deductions will have priority over deductions in favor of the Organization as covered by this Agreement:

1. Federal, State, and Municipal Taxes

2. Deductions required by law and court orders, including garnishments, liens, and other wage assignments which the Carrier must respect.

3. Amounts due the Carrier.

4. Group insurance premiums

(c) If the earnings of any employee, after all deductions having priority have been made, are insufficient to remit the full amount of deductions authorized by the employee, no deduction for union dues or assessments shall be made by the Carrier from the wages of the employee and the Carrier shall not be responsible for such collection. In cases where no deduction is made from the wages of an employee due to insufficient earnings, or for other reasons, the amounts not deducted shall not be added to the deduction lists nor will that deduction be made for the employee in any subsequent payroll period.

(d) Responsibility of the Carrier under this Rule shall be limited to remitting to the Organization amounts actually deducted from the wages of employees pursuant to this Rule. The Carrier shall not be responsible financially or otherwise for failure to make deductions or for making improper or inaccurate deductions. Any questions arising as to the correctness of the amounts deducted shall be handled between the employee involved and the duly accredited representative of the organization, and any complaints against the Carrier in connection therewith shall be handled with the Carrier by the duly accredited representative. Nothing herein shall be construed os obligating the Carrier to collect any dues or assessments from employees who leave its service, or who give up membership in the Organization for any reason, or whose wages shall be involved in any claim or litigation of any nature whatsoever.

Section 4.

The Carrier will remit to the Union official designated by the duly accredited representative the amounts due the Organization deducted from the wages of members, making such remittances not later than the last day of the month following the month from which the deductions are made. The Carrier will, at the time of such remission, furnish the designated Union officer a list of the employees, in employee number order, from whom deductions were made, showing the amount of such deductions.

Section 5.

Except for remitting to the Organization monies deducted from the wages of employees, as described in Section 4 hereof, the Organization shall indemnify, defend and save harmless the Carrier from and against any and all claims, demands, liability, loss or damage resulting from the entering into this union due deduction agreement or arising or growing out of any dispute or litigation from any deduction made by the Carrier from the wages of its employees for or on behalf of the Organization.

Section 6.

(a) This union dues deduction agreement is subject to the provisions of the applicable federal and state laws now in existence or enacted in the future.

(b) This union dues deduction agreement is subject to immediate cancellation by written notice to the General Committee of the Organization if the Carrier is required by federal law or the law of any state in which it operates, to change its pay date or payroll procedures in such manner as to make dues deduction an unreasonable burden.

Section 7.

No part of this Rule shall be used in any manner whatsoever directly or indirectly as a basis for a grievance (except as provided in Section 3 (b)) or time claim by or in behalf of an employee.

(a) Employees moving from train to engine service under the provisions of Rule 25 herein, shall retain their seniority in train service. Such employees shall he permitted to exercise their train service seniority only in the event they are unable to hold a regular position in engine service.

(b) Employees moving to and from engine or train service positions shall be subject to applicable agreement rules covering engine and train service employees.

(c) The movement from train service to engine service or vice versa shall be under applicable agreement rules and shall not be considered to break the continuity of the employee's service, and all rights and benefits earned or granted to employees under combined service shall be maintained.

(a) Effective July 1, 1995, the Carrier shall provide each employee and their eligible dependents a level of hospital, surgical, medical, life, eye and dental benefits as provided by the Carrier prior to July 1, 1995, subject to the plan changes outlines below.

(b) In 1995 the plan shall remain the same as it was prior to July 1, 1995. The employees contribution rate shall increase to $32.00 per month.

(1) The Basic Plan coverage is the same as the plan now in force, except for the following changes:

(a) The monthly contribution rate will be increased to $32.00 per month. Individual and family deductibles will be $150.00 and $400.00 respectively. Maximum yearly out of pocket expenses will be $1,500.00 and $2,500.00, plus deductible for individual and family respectively.

(b) The Carrier will establish a Medical Bonus Program whereby fifty (50) percent of an employees premium contribution during the calendar year will be repaid to such employee as a cash bonus provided the employee and/or his family do not file any medical claims during that calendar year. The employee must be on the seniority roster the entire year calendar year or such cash bonus will be pro-rated.

(c) Beginning July 1, 1995, the Carrier may offer optional health and welfare plans. Qualifying employees will have the option of selecting from among the plans. To the extent that the Carrier is able to find and offer a lower cost Health Maintenance Organization (HMO) or Preferred Provided Organization (PPO), (or similar arrangement),and the monthly cost to the Carrier is at least $32.00 per month per employee less than the standard indemnity plan, the plan will be made available to employees at no cost (the employees monthly contribution of $32.00 will be waived). The current HMO plan offered to employees through MetraHealth is an example of such qualified low cost plan per the requirements of this Rule. employees may choose among the plans annually.

(d) Employees who retire subsequent to the date of this Agreement may continue the present level of benefits for themselves and their dependents by paying the current employees contribution rate until age sixty-five (65). When these employees or their dependents reach age sixty-five (65) , they must convert to the BlueCross-Blue Shield Medicare Supplement policy describes in Paragraph (e) of this Rule.

(e) The following paragraph describes those employees and their dependents who after retire after the date of this Agreement and who are eligible to enroll in medicare coverage.

The Carrier will provide a Blue Cross Blue Shield Medicare Supplement Policy. The benefits will be as described in the Blue Cross Blue Shield Medicare Supplement Policies for the states of Missouri and Illinois. The retiree will select which plan he desires.

The Carrier will provide thirty-five dollars ($35.00) toward the premium cost and the retiree will contribute the balance of the premium cost, based upon the schedule described in Attachment "A".

The carrier will protect the retiree from any premium increase that exceeds five (5) percent.

(a) Engineers that work each and every day of their regular assignment in a calendar quarter shall receive a health incentive payment equal to sixteen (16) hours pay at the regular rate, provided in each case that the eligible employee files, prior to the close of the next calendar quarter, a claim form with the Payroll Department claiming such incentive pay. Such payment shall be made as part of the engineer's regular paycheck as soon after the filing of the claim as reasonably practicable but no later than forty-five (45) days following the filing of the engineer's claim.

(b) Engineers absent from work or not available for work because of time lost on account of holidays taken pursuant to Rule 39, personal leave days taken pursuant to Rule 40, bereavement leave taken pursuant to Rule 43, jury duty pursuant to Rule 44, laying off or leave of absence for union business pursuant to Rules 17 (g) or 46, or vacation pursuant to Rule 47, shall not be disqualified from health incentive pay if otherwise eligible pursuant to Section (a).

NOTE: engineers absent from work to appear as witnesses for employees at Carrier-held investigations shall not be disqualified from health incentive pay if otherwise eligible pursuant to Section (a).

(a) The crew consist on all assignments (regular, pool, or extra) shall consist of not less than one (1) engineer.

In the event foreign-line trains are detoured over the Gateway Western Railway (GWWR) trackage, an engineer will be used as pilot and paid under Rule 9 herein.

(a) Effective no later than July 1, 1997, the Carrier will establish and maintain a 401 (K) Plan for employees subject to this Agreement. Under the Plan for the first six (6) percent of an employee's salary contributed, the Carrier will contribute $.50 for each $1.00 contributed by the employee. The employee may contribute an amount above six (6) percent, up to a maximum of fifteen (15) of their compensation with no Carrier participation.

(b) Gateway Western Railway shall be responsible for all cost of establishing and administering the Plan, including the making of payroll deductions, the payments to the designated trustee and all other in-house service normally provided by an employer in connection with the operation of a 401-K Plan.

(a) Effective July 1, 1995 Engineers on Gateway Western Railway who possess FRA Certification will receive an allowance of $4.00 per tour of duty worked. This certification allowance will provide the Engineer no less than $4.00 in additional compensation per tour of duty than the compensation earned by any other train crew member.

(a) This agreement made between the Gateway Western Railway and the Brotherhood of Locomotive Engineers shall become effective July 1, 1995 except as otherwise specified herein, and shall remain in effect until and unless changed under the provisions of the Railway Labor Act, as amended.

(b) Neither party to this Agreement shall serve, prior to January 1, 1999 (not to become effective before January 1, 2000) any notice or proposal for the purpose of changing, adding to or deleting the provisions of any Agreement in effect between the parties.

(c) The provision under paragraph (b) above shall not bar the Carrier and Organization from agreeing upon any subject of mutual interest.

Signed this _________day of ____________________, 1997.

For: For:

Brotherhood of Locomotive Gateway Western Railway

Engineers Company

_________________________ __________________________

J. R. Koonce D. H. Gill

General Chairman President & General Manager