ARTICLE VII
PROTECTIVE BENEFITS AND OBLIGATIONS
A. All trainmen and firemen who are listed on the Zones 2 and 3 prior rights Salina Hub merged rosters shall be considered adversely affected by this transaction and consolidation and will be subject to the New York Dock protective conditions which were imposed by the STB. It is understood there shall not be any duplication or compounding of benefits under this Agreement and/or any other agreement or protective arrangement.
- Carrier will calculate and furnish TPA's for such employees to the Organization as soon as possible after implementation of the terms of this Agreement. The time frame used for calculating the TPA's in accordance with New York Dock will be the twelve (12) month period immediately preceding date of implementation.
- In consideration of blanket certification of all employees covered by this Agreement for wage protection, the provisions of New York Dock protective conditions relating to "average monthly time paid for" are waived under this Implementing Agreement.
- Test period averages for designated union officers will be adjusted to reflect lost earnings while conducting business with the Carrier.
- National Termination of Seniority provisions shall not be applicable to trainmen hired prior to the effective date of this Agreement.
B. Trainmen required to relocate under this Agreement will be governed by the relocation provisions of New York Dock. In lieu of New York Dock provisions, an employee required to relocate may elect one of the following options:
- Non-homeowners may elect to receive an "in lieu of" allowance in the amount of $10,000 upon providing proof of actual relocation.
- Homeowners may elect to receive an "in lieu of" allowance in the amount of $20,000 upon providing proof of actual relocation.
- Homeowners in Item 2 above who provide proof of a bona fide sale of their home at fair value at the location from which relocated shall be eligible to receive an additional allowance of $10,000.
a) This option shall expire within five (5) years from date of application for the allowance" under Item 2 above.
b) Proof of sale must be in the form of sale documents, deeds, and filings of these documents with the appropriate agency.
b) Proof of sale must be in the form of sale documents, deeds, and filings of these documents with the appropriate agency.
NOTE:
All requests for relocation allowances must be submitted on the prescribed form.
All requests for relocation allowances must be submitted on the prescribed form.
4. With the exception of Item 3 above, no claim for an "in lieu of" relocation allowance will be accepted after two (2) years from date of implementation of this Agreement.
5. Under no circumstances shall an employee be permitted to receive more than one (1) "in lieu of' relocation allowance under this Implementing Agreement.
6. Trainmen receiving an "in lieu or relocation allowance pursuant to this Implementing Agreement will be required to remain at the new location, seniority permitting, for a period of two (2) years.
5. Under no circumstances shall an employee be permitted to receive more than one (1) "in lieu of' relocation allowance under this Implementing Agreement.
6. Trainmen receiving an "in lieu or relocation allowance pursuant to this Implementing Agreement will be required to remain at the new location, seniority permitting, for a period of two (2) years.
