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NEW YORK DOCK IMPLEMENTING AGREEMENT

BETWEEN

CSX TRANSPORTATION, INC.

AND ITS EMPLOYEES REPRESENTED BY

THE UNITED TRANSPORTATION UNION

WHEREAS, notice was served under Surface Transportation Board Finance Docket No.

33388 of the intent of CSX Transportation, Inc. (“CSXT” or “Carrier”) to transfer, consolidate,

coordinate and merge train operations and the associated work force in the territory covered by

the Northern District (former Conrail), territory covered by the Eastern District (former B&O),

and certain contiguous parts of the Western District (former B&O), to include all terminals,

mainlines, and intersecting branches and subdivisions located therein into a new larger territory

for train operations, to be known as the Northern Mid-Atlantic District, (hereinafter “the

B&O/Conrail Consolidation”); and

WHEREAS the parties signatory hereto desire to reach an implementing agreement in

satisfaction of Article I, Section 4 of the employee protective conditions set forth in New York

Dock Ry – Control – Brooklyn Eastern District, 360 I.C.C. 60 (1979) (“New York Dock”);

Now, THEREFORE, IT IS AGREED between CSXT and the United Transportation

Union (“UTU”) as follows:

ARTICLE I – CONSOLIDATED TERRITORY

A. Upon no less than ten (10) days advance notice, train operations and the

associated workforces in the Northern District, Eastern District and the Western District will be

transferred, consolidated and merged into a new seniority district, to be known as the Northern

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Mid-Atlantic District. The new district will include all of the territory of the former Northern,

Eastern, and Western Districts hereinafter described :

Northern Limits: Grand Rapids, MI (inclusive)

Port Huron, MI (inclusive) Flint, MI (inclusive)

Adirondack Junction, Canada Southern Limits: Cincinnati, OH (inclusive) Louisville, KY (exclusive) Evansville, IN (exclusive) Richmond, VA (exclusive) Huntington, WV (exclusive) Western Limits: St. Louis, MO (inclusive) Ottawa, IL (inclusive)

Eastern Limits Boston, MA (inclusive)

The above includes all mainlines, branch lines, yard tracks, industrial leads, stations

between points identified, and all terminals, including those that lie at the end of a line segment

except: Richmond, Huntington, and SAA (Detroit, North and South Jersey). Pre-existing

territorial rights of the involved districts not in conflict with the intent of this agreement are

included in the territory. A map of the above referred–to district is attached hereto as

Attachment “A”.

B. The following initial operational changes may be placed into effect upon

implementation of the B&O/CR Consolidation:

1. North Baltimore, Ohio. A new home terminal and away-from-home terminal

will be established at North Baltimore, Ohio. North Baltimore will be the supply point and home

terminal for trains originating at the new terminal and operating east. North Baltimore will be a

new away-from-home terminal for pools at Buffalo (former Conrail), Cleveland (Consolidated

B&O Eastern and Western Districts and former Conrail), and other supply points east of North

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Baltimore. North Baltimore will also be a new home terminal and supply point for trains

operating in the Western District between North Baltimore and Chicago. In order to protect

service east of North Baltimore, new positions will be established at this new supply point. In

addition, some positions and work will be transferred to North Baltimore from Garrett and

Willard (both in the Western District), and from Cleveland and Buffalo (both former Conrail).

North Baltimore will also be the location for extra boards protecting train operations between

that home terminal and points east, {including Buffalo (former Conrail) and Cleveland (former

Conrail and Consolidated B&O Eastern and Western Districts) and points west, including Garrett

and Chicago}. An extra board will be established to protect vacancies originating and operating

east in road freight service. An extra board will also be established to protect vacancies

originating and operating west in road freight service. When one of these primary extra boards is

exhausted, qualified employees from the other road extra board at this location will become the

next supply source for filling vacancies.

2. Cleveland, Ohio. Cleveland is currently operated as two terminals, one at Clark

Avenue Yard (Consolidated B&O Eastern and Western Districts) and one at Collinwood Yard

(former Conrail). Cleveland will become a single, consolidated terminal. The working limits of

the Northern District (former Conrail) and Consolidated B&O Eastern and Western Districts in

Cleveland will be combined into the new consolidated terminal. The consolidated terminal

switching limits are as follows:

CCLLEEVVEELLAANNDD,, OOHHIIOO Lake Front West CT&V Subdivision East - Mile Post 70.3 CL&W Subdivision East - Mile Post 162.25. *Main Line to Buffalo East - Mile Post 168.8, New Chase Brass

Switch *Main Line to Chicago West – Mile Post 197.0 Olmsted Falls, OH

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*Main Line Alliance to Cleveland Mile Post 102.34, Summit Crushed Stone *Main Line Cleveland to Indy Mile Post 16.0, Westview, OH *Randall Secondary Mile Post 27.5 *Collinwood West - QD 175 East - QD 171 See Attachment “B” for map of the Consolidated Cleveland Terminal.

Employees on the new consolidated roster who are based at Cleveland will be used

throughout the Cleveland Consolidated Terminal area.

3. Buffalo, New York. Train operations between New Castle, Pennsylvania,

(Consolidated B&O Eastern District) and Buffalo, New York, or Cleveland, Ohio, (former

Conrail), will be coordinated in the new district and protected by pools established between New

Castle and Cleveland or Buffalo. Ashtabula will no longer be a crew change point for road

crews based in Buffalo and New Castle.

4. New Castle, Pennsylvania. Train operations between New Castle (Consolidated

B&O Eastern) and Buffalo or Cleveland (former Conrail Northern) will be coordinated in the

new Northern Mid-Atlantic District and can be operated with one crew. Initially, New Castle will

become the home terminal for the pool protecting through freight trains operating between New

Castle (Consolidated B&O Eastern District) and Buffalo or Cleveland (former Conrail).

5. Philadelphia, Pennsylvania. Train operations between Philadelphia

(Consolidated B&O Eastern District) and Selkirk (former Conrail) will be coordinated in the new

Northern Mid-Atlantic District. North Bergen, New Jersey will no longer serve as an away-

from-home terminal for certain crews based at Philadelphia and Selkirk. Philadelphia will

become the home terminal for the pool protecting through trains operating between Philadelphia

(Consolidated B&O Eastern District) and Selkirk (former Conrail). The extra boards at Selkirk

will be reduced in size and those at Philadelphia increased.

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6. Selkirk, New York. Selkirk will no longer serve as a home terminal for

crews operating through trains between Selkirk and Philadelphia. Similarly, the size of the extra

boards at Selkirk will be reduced. Some train operations between Selkirk and North Bergen will

not be affected by this transaction.

ARTICLE II – SENIORITY and PRIOR RIGHTS

A. For those train service employees who have established seniority prior to the

effective date of this Agreement, existing conductor and trainmen seniority districts are

preserved and will become Prior Right Districts.

B. A new consolidated seniority roster will be established for the new Northern Mid-

Atlantic District, which will govern both conductor and trainmen standing for Northern Mid-

Atlantic (NMA) common right positions. For this purpose the former Conrail Northern District

Roster, Consolidated B&O Eastern District Roster and Consolidated B&O Western District

Roster will be merged to establish the new Northern Mid-Atlantic District Roster. Employees

will be placed on the new Northern Mid-Atlantic consolidated roster using their earliest retained

seniority date on their former train service roster. In the event two or more employees have the

same seniority date, their standing on the consolidated roster shall be determined by birth dates

(month-day-year). Where necessary because of a common birth date (month-day-year)

tiebreakers will be determined by the flip of a coin.

C. Employees who enter train service in the Northern Mid-Atlantic consolidated

territory after the initial phase of the transaction will establish seniority rights on the Northern

Mid-Atlantic (NMA) District Seniority Roster pursuant to the provisions of CSXT LA 4-077-94

and be referred to as non-prior right employees.

J. Modesitt

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D. Employees whose seniority is being consolidated shall retain prior rights to both

service and the filling of positions within their Prior Right Seniority District being consolidated

under the provisions herein. Present seniority rosters shall be frozen on the date of

implementation, until deleted through attrition, and will govern the exercise of seniority to prior

right positions. Pre-existing prior rights (and any sub-levels of prior rights) to positions

maintained on the former Conrail Northern District, Consolidated B&O Eastern District and

Consolidated B&O Western District will be preserved for the number and/or class of

assignments belonging to each entity at each supply point as existed on December 2, 2009 (the

date notice of coordination was served upon Organization representatives) or August 28, 1998

(the date of the Conrail/CSXT/NS acquisition transaction Master Implementing Agreement),

whichever is greater. When additional assignments are added over and above prior right

entitlements at any supply point, the additional assignments will be considered Northern Mid-

Atlantic common right and subject to seniority by Northern Mid-Atlantic employees in

accordance with their Northern Mid-Atlantic seniority roster standing. In the event of a

reduction in assignments at a supply point to the extent that one or more entity is unable to

realize their full prior right entitlements, the assignments will be spread proportionally (see Side

Letter #5). Any disputes regarding the distribution of prior rights will be resolved between the

UTU General Chairperson and Carrier’s Highest Designated Officer. In any event, the Carrier

will not be required to entertain claims or grievances as the result of distribution of prior rights

except that the General Chairperson will be privileged to arbitrate the dispute in the event that he

and the Carrier’s HDO are unable to reach a consensus.

E. Consolidated B&O Western District Seniority employees will receive prior rights

and the entitlement to work a percentage of assignments operating eastbound from North

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Baltimore representing mileage between North Baltimore and the eastern limits of the existing

B&O Western Seniority District at Cleveland or Willard, Ohio, as the respective case may be for

specific pools.

F. Train service employees of the involved districts in inactive status, (leave of

absence, medical leave, etc.), working other crafts (while retaining their train service seniority

standing) or lacking sufficient seniority to have been in active service on the implementation date

of this Agreement upon return or restoration to active train service will have their names added

to the new consolidated roster in relative order of standing on their pre-existing roster.

G. Prior right employees shall not be forced or required to accept either service and/or

call originating at a supply point to which their seniority is added, except within a consolidated

terminal, such as Cleveland; or when such supply point serves as an away-from-home terminal for

their assignment, nor will such employee be charged, censured, disciplined or have notations

placed on their records for refusing such service and/or call. Likewise, non-prior right employees

will not be forced or required to accept either service and/or call originating at a supply point

outside of the prior right district in which they were initially hired; except that non-prior right

employees initially hired for positions within a consolidated terminal (Consolidated Cleveland

Terminal, for example) may be forced to positions up to 100 miles outside of the consolidated

terminal regardless of the prior right district in which the positions are located.

H. An employee who holds prior right seniority on more than one prior right district

shall make an election by notifying the Carrier’s Highest Designated Officer and General

Chairperson having jurisdiction. This notification must be done in writing within sixty (60) days

of the effective date of this Agreement advising which district they elect to retain prior rights.

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Failing to make the election, the earliest prior right seniority date will be designated and all other

seniority will be forfeited.

I. Non-prior right employees, as well as prior right employees exercising seniority off

of their prior right seniority district, will collectively be identified as Northern Mid-Atlantic

(NMA) common right employees. Northern Mid-Atlantic (NMA) common right seniority

acquired under this agreement may be exercised on any position in the consolidated district by

claiming an advertised vacancy or acquiring a displacement right in accordance with the applicable

Agreement Rules governing Conductors, Trainmen and Yardmen and displacing a junior NMA

common right employee - (see prior right Q&A’s in Attachment “C”).

J. The Carrier shall make every effort to hire new employees at or in close proximity

to the terminal where their service is needed.

ARTICLE III –SENIORITY ROSTER

A. The Company shall prepare a Consolidated Seniority Roster reflecting the

requirements under Article II above and will make the roster available by electronic medium (CRT)

at all supply points, terminals and on/off duty points, prior to the effective date of this agreement.

The roster shall become a part of this agreement to the same extent, as if included herein. The

General Chairperson shall be furnished copy of same.

B. Each employee shall have six (6) months to protest his initial ranking on the

consolidated roster. Thereafter, a protest time limit of two (2) years will apply to subsequent

rosters. Grievances involving positions and rank on seniority rosters shall not be accepted unless

such has been contested in writing to the General Chairperson’s office within a period of two (2)

years from the annual electronic posting of the roster (February 1st of each year) wherein the

protested change was initially made.

J. Modesitt

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C. Prior right and consolidated rosters shall be revised and displayed as provided in (A)

above on February 1 of each calendar year at all supply points, terminals and on/off duty points.

ARTICLE IV – WORKING CONDITIONS

A. Northern Mid-Atlantic coordinated employees may be required to perform service

throughout their seniority district in accordance with the CSXT/UTU (former B&O) Agreement,

as amended, including all B&O Letters of Understanding, Letters of Interpretation and System

Agreements of any kind currently applicable to B&O Western and Eastern District Employees

that remain in full force and effect.

B. Terminals may be established and or coordinated/consolidated for the purpose of

handling business resulting from this transaction. All crews may receive/leave their trains at any

location within terminals and all employees may perform work within terminals, pursuant to the

applicable agreements, as if such terminals were a part of each employee’s original seniority

district.

C. All work and employees in the Northern Mid-Atlantic District shall be placed

under a single collective bargaining agreement and that applicable agreement shall be the B&O

Schedule Agreement, as amended.

NOTE: The Baltimore & Ohio Chicago Terminal Agreement shall continue to apply to trainmen working in the Consolidated Chicago Terminal.

D. Any preexisting agreements which established district boundaries,

equity/allocation arrangements, etc. not specifically addressed in this agreement are eliminated.

E. Existing service may be retained or abolished. CSXT’s right to establish certain

freight operations under existing schedule rules is not altered by this Agreement. That is to say,

if any operation could have been established without notice to the Organization, such as a

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“divisional” pool or local, such service may be established after the effective date of this

Agreement without prior handling with UTU. Service may be established in pool or assigned

service in any class and may be operated from any point to any other point or on a turnaround

basis within the seniority district.

F. New service on the coordinated district will be considered “divisional” service for

purpose of applying the B&O Schedule Agreement; however, notice is required to establish new

service operating through a home terminal of through freight crews and such service will have

ID meals incorporated into their pay schedule/trip rate.

G. If the conditions of Northern District on duty points were acceptable prior to the

effective date of this agreement, those on duty points will be considered as meeting the necessary

requirements of this Agreement. Conditions of the on duty points established subsequent to the

effective date of this is agreement will have to meet the requirements of the B&O Schedule

Agreement.

H. When an employee is required to report for duty or is relieved from duty at a point

other than the on/off-duty points fixed for the service, the Carrier shall authorize and provide

suitable transportation for such employee back to his fixed on/off-duty point.

NOTE: Suitable transportation includes Carrier-owned or provided passenger-carrying motor vehicles or taxi, trains or planes. The Carrier will not deadhead trainmen on freight trains unless there are emergency conditions that would prohibit their transport in passenger carrying conveyances. Emergency conditions are defined in Rule 100, Section 11, of the B&O Schedule Agreement. I. Employees who are force assigned to regular positions that are protected from an

extra board which is located more than fifty (50) miles from the extra board location of their

former supply point, and more than fifty (50) miles from the employee's place of residence, will be

J. Modesitt

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allowed to utilize company provided lodging facility, if available at the new location, for a period

not to exceed thirty (30) days.

J. Vacancies on prior right outlying point assignments will be protected by the

nearest supply point extra list with prior right employees (from the same prior right entity)

available. In the event the prior right extra list is exhausted, and the nearest supply point extra

list is located at the same home terminal as the prior right extra list with qualified employees

thereon, that extra list may be called to protect the service before following the succeeding steps

of the vacancy fill procedure outlined in the applicable agreement rule.

Vacancies on Northern Mid-Atlantic, (common right), outlying point assignments will be

protected by the nearest supply point extra list (regardless of prior right association) as the first

source of supply before following the succeeding steps of the applicable vacancy fill procedure.

K. CSXT Northern Mid-Atlantic District crews will operate trains into, out of and

through the Shared Asset Areas (SAA) as if such territory was part of CSXT territory.

ARTICLE V – QUALIFYING/TRAINING

A. Employees with an employment relationship on the effective date of this

agreement, who are forced to work over new territory, or who are forced assigned to a position

where they are not qualified, will not be required to lose time or utilize off-duty time for the

purpose of initially qualifying on trackage within the territory. Voluntary exercise of seniority is

excluded from the provision of this agreement, unless the employee has insufficient seniority to

obtain a familiar position on territory at his current supply point/terminal. Employees unable to

secure any position through the normal exercise of seniority at their current terminal work

location will be compensated to qualify at the next nearest supply point, governed by highway

miles, as determined by CSXT’s designated Crew Management Center supervisor.

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B. An unqualified conductor who is entitled to a pilot under the terms of paragraph

(A) above will be furnished a qualified pilot from the appropriate conductor’s extra list, or will

be allowed to make the necessary qualifying trips without loss of compensation. The maximum

number of piloted trips will be determined by the local officer in concurrence with the local

chairman as to the number of trips necessary to qualify over the territory given the employee’s

level of experience and the complexity of the terrain to be traversed. In the absence of

concurrence, the conductor requiring qualification trips (or a pilot) will be given a minimum of

five (5) qualifying trips and the matter immediately elevated to the Carrier’s Highest Designated

Officer and UTU General Chairperson for resolution of additional qualifying trips that may be

necessary under the circumstances. In any event, however, it is recognized that the Carrier holds

the responsibility to determine qualifications and, as such, the Carrier’s HDO will hold the final

word on the number of compensated qualifying trips to be allowed.

C. A conductor qualifying under Sections A and B above will be compensated as

though he was the conductor on the assignment for which he is qualifying, with the exception of

penalties.

D. Northern Mid-Atlantic right employees, consisting of both non-prior right

employees as well as prior right employees who are exercising seniority off of their prior right

seniority district, will qualify at their own expense when voluntarily exercising seniority rights on

territory not considered part of the their current work location. However it is recognized

whenever such exercise of seniority is prompted by the inability to hold a position at one’s

current terminal/work location, the employee will be compensated to qualify in accordance with

Sections A, B and C above.

Note: Situations such as where Selkirk conductors take a position in the Philadelphia/Selkirk pool, with home terminal in Philadelphia, will not be treated

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as making a “voluntary seniority move” for purposes of this section, while following their work, even though they possess sufficient seniority to occupy a position in Selkirk. This will only apply to moves made within six (6) months from the date of implementation of the service, unless extended by mutual agreement between the General Chairperson and Carrier’s HDO.

ARTICLE VI – VACATION ASSIGNMENT

When vacations are assigned, employees working in their prior right district will be

assigned vacation periods in seniority order according to their prior right seniority, with

employees exercising Northern Mid-Atlantic consolidated seniority at the location, and in the

craft, to follow in relative seniority order. Vacations will be assigned at each location in

accordance with currently recognized rules and procedures.

ARTICLE VII – LABOR PROTECTION

A. The New York Dock employee protective conditions, which are attached and

made a part hereof as Attachment “D”, shall be applicable to employees determined to be

“displaced employees” or “dismissed employees” as a result of the transaction as set forth herein.

B. In order that the provisions of the first proviso set forth in Article I, Section 3 of

the New York Dock conditions may be properly administered, each employee determined to be a

“displaced employee” or “dismissed employee” as a result of this transaction, who is also

otherwise eligible for protective benefits and conditions under some other job security or other

protective conditions or arrangements shall, within thirty (30) days after having established

“displaced” or “dismissed” status under the conditions set forth in New York Dock, elect

between the benefits under such other arrangement and this Agreement.

C. In the event an employee fails to make such an election within the said thirty (30)

day period, he or she will be subject to the protective benefits of this Agreement.

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D. There shall be no duplication or pyramiding of protective benefits receivable by

any employee under this Agreement and any other agreement or protective arrangement.

E. For the purposes of this Agreement, pursuant to Finance Docket 33388, active

employees listed on the Northern Mid-Atlantic Seniority District Roster having a home terminal

in Garrett, Indiana, Willard/Crestline, Ohio, Cleveland, Ohio, Selkirk, New York, Buffalo, New

York, New Castle, Pennsylvania, Philadelphia, Pennsylvania and Worcester, Massachusetts

whose jobs/positions are abolished at one of the above locations within ninety (90) days of

Notice(s) to Implement being served on the Union (Notice will not be served more than ten (10)

days prior to a change at one of the above listed locations) indicating the effective date of the

implementation of change(s) for the particular location (e.g. Notice will be served on the Union

ten (10) days prior to changes occurring at Garrett, Indiana and all positions abolished during the

ninety (90) day period prior to or following the date of the Notice(s) to Implement will be

covered), will be automatically certified as "displaced employees" as defined in the New York

Dock labor protective conditions without being required to identify causal connection to the

transaction; and test period averages, indicating entitlement to New York Dock benefits, subject

to its terms and conditions, will be provided to them.

NOTE: For job abolishment(s) identified in a Notice to Implement, automatic certification will flow to the incumbent(s) of the assignment(s) on the date of the Notice. For all other abolishments, automatic certification will flow to the incumbent(s) of the assignment(s) on the date of the abolishment notice(s) issued by the Crew Management Center. F. In the event that a dispute arises as to whether or not a particular employee’s

job/position was abolished as a direct result of the transaction, it shall be the employee’s

obligation to show a causal connection between the abolishment and the transaction. The Carrier

does not waive its rights and/or remedies, in equity or law, under New York Dock in the event of

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unforeseen circumstances beyond its control. This understanding is unique to the particular

circumstances involved in this transaction, and is made without prejudice to the position of either

party and will not be referred to in the handling of any other matter.

ARTICLE VIII – LABOR PROTECTION CLAIMS AND APPEAL PROCESS

In order to provide a routine method for handling claims for protective benefits under the

New York Dock Conditions, the following procedures will apply in connection with this

transaction:

A. The steps to claim entitlement to New York Dock benefits will be:

(1) An initial Request for Entitlement to Benefits Form provided by the Carrier will be filed by the employee with the designated Labor Relations Officer. See Attachment “E”.

(2) If denial is issued, the employee will be advised in writing and he or, on his behalf, the General Chairperson may file an appeal with the highest designated officer to receive such claims within ninety (90) days from date such declination was received.

(3) Once the employee has been advised that he or she is entitled to benefits, the employee (both “dismissed” or “displaced” employees) may file a claim for benefits, via normal electronic filing procedures, for any month the employee has not had the opportunity to earn the equivalent of his or her Test Period Average, as outlined in Paragraphs (B) and (C) below.

B. Steps to file monthly claims for “displacement” or “dismissal” allowance will be:

1. Monthly Claims must be filed by the employee not later than sixty (60) days from the last day of the month for which a claim is being made. Claims not made within this time limit will not be entertained or allowed.

2. When claims for compensation alleged to be due have been presented in accordance with paragraph B (1), above, and are not allowed, the employee will be notified of the reason for the declination within ninety (90) days from the date such claims were received. When not so notified, claims will be allowed.

3. Final appeal will be through the General Chairman and directed to the designated Labor Relations Officer. Appeals from decisions regarding claims for

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compensation alleged to be due will be made within ninety (90) days from the date declination was received or they will not be entertained or allowed.

4. When such timely appeals filed pursuant to paragraph B (3) above are not allowed, the General Chairman will be notified of the reason for the declination, in writing, within ninety (90) days from the date appeal was received. When not so notified, claims for compensation alleged to be due will be allowed.

5. Failure to comply with the time limits set forth above will cause the matter to be closed, but this will not be considered as a precedent or waiver of the contentions of either party to similar claims.

C. 1. Each “dismissed employee” shall also provide the Carrier with the following

information for the month in which he is entitled to benefits no later than sixty

(60) days from the last day of the month for which a claim is being made on a

form (electronic, if available) provided by the Carrier. (Attachment “F”):

(a) The day(s) claimed by such employee under any unemployment insurance act.

(b) The day(s) each such employee worked in other employment, the name and address of the employer and the gross earning made by the “dismissed employee” in such other employment.

2. In the event an employee referred to in this Article is entitled to

unemployment benefits under applicable law, but forfeits such unemployment

benefits under any unemployment insurance law because of failure to file for such

unemployment benefits (unless prevented from doing so by sickness or other

valid causes), he shall be considered the same as if he had filed for, and received,

such unemployment benefits.

3. If the employee referred to in this Article has nothing to report under this

Article on account of not being entitled to benefits under any unemployment

insurance law and having no earnings from any other employment, such employee

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shall submit, within sixty (60) days from the month for which benefits are being

claimed the appropriate form (Attachment “F”) stating “Nothing to Report.”

4. The failure of any employee referred to in this Article to provide the

information required in this Article shall result in the withholding of all protective

benefits during the month covered by such information pending Carrier’s receipt

of such information from the employee.

D. All claims involving a decision by the designated Labor Relations Officer will be

barred unless, within one (1) year from the date of said officer’s decision,

proceedings are instituted by the employee or his representative before the

arbitration committee described in Article I, Section 11 of New York Dock.

ARTICLE IX – GENDER CLAUSE

For convenience, references to gender, if any, in this Agreement are made in the

masculine gender. It is understood and agreed by the parties to this Agreement that references to

the masculine gender include both the masculine gender and the feminine gender.

ARTICLE X – ERRORS AND OMISSIONS

The signatory parties are in accord that any inadvertent errors, omissions, or inclusions in

this Coordination Agreement, including attachments hereto, recognized by both parties as being

inconsistent with the purpose and intent of this Agreement will be corrected, included or deleted

as the case may be, to properly reflect the understandings reached through negotiations.

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ARTICLE XI – DISPUTES HANDLING

A. In the event of a conflict between the terms of this Agreement and the 1998 New

York Dock Implementing Agreement reached with UTU pursuant to the labor protective

conditions imposed in STB Finance Docket No. 33388, the terms of the instant Agreement shall

control.

B. In the event a dispute arises between the parties with respect to the interpretation

or application of any provision of this Agreement, or of the protective conditions (except

Sections 4 and 12 thereof) such dispute may be referred by any party to this Agreement to

arbitration under Section 11 of the New York Dock conditions.

C. If any provision of this Agreement is held unenforceable by law, then such

provision will be modified to reflect the parties’ intention. All remaining provisions of this

Agreement shall remain in full force and effect.

D. This Agreement with attachments and side letters shall become effective only

upon ten (10) days notice to the General Chairpersons and will constitute the required agreement

as stipulated in the protective conditions imposed in STB Docket No. 33388.

Signed at Jacksonville, Florida, this 18th day of May, 2010

FOR THE EMPLOYEES: FOR THE CARRIER:

Agreed:

________________________________ _________________________________ W. A. Beebe, General Chairman Rick Hiel, Director – Labor Relations

________________________________ _________________________________ G. T. Casey, General Chairman Eve St.Amant – Director – Labor Relations

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________________________________ J. E. Lesniewski, General Chairman

________________________________ A. Pascarella, Acting General Chairman

________________________________ D. J. O’Connell, General Chairman

________________________________ W. A. Wodowski, General Chairman Approved:

________________________________ ____________________________________ John Previsich, International VP – UTU David Ingoldsby, AVP – Labor Relations

Labor Relations Department 500 Water Street, J-455

Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 1 W. A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J. E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 RE: Personal Leave Days Gentlemen: This refers to our discussions concerning further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009. The Personal Leave Day entitlements found in Article IV, Personal Leave Days, of the April 24, 1997 Conrail Agreement will be preserved for all Conrail Train Service Employees presently in service. ALL Train Service Employees involved in the coordination will be permitted to carry over up to 100 Personal Leave Days per the terms outlined below:

1. Unused (not requested and/or not granted) PLDs may be accumulated and carried over up to a maximum of one hundred (100) days. No more than thirty (30) consecutive days may be requested and, if approved, taken at any one time. Any exception to this rule due to medical or hardship circumstances must be approved and agreed upon between the General Chairman of jurisdiction and Highest Designated Officer.

2. A Train Service Employee may elect to receive payment for all or part of the carry-over days in lieu of scheduling such days. Payment for all PLDs will be paid for at

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the last service rendered and shall not be used as an off-set to any guarantees other than as provided pursuant to job protection or governed by National Agreements. Payment will be made in the pay period following the pay period in which claim is submitted. Personal Leave Days do not become “carry-over” until January 1 of the following year.

3. If a Train Service Employee resigns, dies, is disabled or is dismissed from service, the number of carry-over PLDs in his account will be paid to the Train Service Employee or the estate as soon as practicable, subject to state law.

4. Train Service Employees working assignments that have assigned rest day(s) can request payment of PLD(s) on the rest day(s) of the assignment. These days (paid in lieu of) will not be counted against the caps on that given day and will not be denied by CMC.

Yours Very Truly, Rick Hiel

E. St.Amant Agreed:

_____________________________ ___________________________________ W. A. Beebe, General Chairman A. Pascarella, Acting General Chairman

__________________________________ ____________________________________ G. T. Casey, General Chairman J. E. Lesniewski, General Chairman Approved:

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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 2 J.E. Lesniewski, General Chairman United Transportation Union 11363 San Jose Boulevard, Building 105 Jacksonville, FL 32257 RE: Training Allowance Mr. Lesniewski: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in carrier’s notice of December 2, 2009. Paragraph E (2) of CSXT Labor Agreement No. 4-077-94 is amended to increase the training allowance to $18.00 and will read as follows: When a trainee is receiving field training the Conductor/Foreman on the crew will be allowed $18.00 in addition to all other earnings, for each tour of duty that a trainee is assigned to (and working with) him for training. The Conductor/Foreman will act as a field instructor and will train the trainee in the proper performance of the duties of a conductor/foreman under actual working conditions. The Conductor/Foreman will permit the trainee under his supervision to perform the functions and duties of a Conductor/Foreman, including the preparation of the required reports.

This training allowance will also apply when instructing promoted conductors/foremen who have been placed in training, (CQ status), on unfamiliar territory. It was the intent of the parties to apply the new training allowance of $18.00 to CRO trainers and all other situations where a trainman instructor allowance is currently recognized and payable.

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Agreed:

________________________________ J. E. Lesniewski, General Chairman Approved:

________________________________ _________________________________ John Previsich, International VP – UTU David Ingoldsby, AVP – Labor Relations

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Jacksonville, Florida 32202 Rick Hiel Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 3

W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: Recovery of Payroll Overpayments Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

This will confirm our understanding that upon the implementation of the transaction (or the first phase of the transaction), no recovery of payroll overpayments will be made after sixty (60) days from the date of the payment. Yours Very Truly, Rick Hiel

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E. St.Amant Agreed:


__________________________________ ____________________________________ G. T. Casey, General Chairman J. E. Lesniewski, General Chairman

________________________________ ____________________________________ D. J. O’Connell, General Chairman W. A. Wodowski, General Chairman Approved:


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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 4

W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: Road Vacation Computation Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

As a result of these discussions, it is our mutual understanding that CSXT will recognize road qualifying days as 234 “computed” days (180 basic days X 1.3 = 234 qualifying days) for the purpose of determining qualifications for vacations as set forth in the 1949 Operating Craft Vacation Agreement, as amended by the May 8, 1996 UTU National Agreement, Article V, Section 2 (a), (Arbitration Award No. 559). Yours Very Truly, Rick Hiel

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Eve St.Amant Agreed:




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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations E. St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No. 5 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: Prior Rights - Increase/Decrease of Assignments Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in carrier’s notice of December 2, 2009. During the course of our discussions we agreed that in the application of Article II, whenever additional assignments (road or yard) are added at a supply point that exceed the prior right entitlements existing at that supply point, the excess assignments/positions will be considered Northern Mid-Atlantic common right assignments/positions and subject to seniority under common rights. It was further agreed that:

1. When reducing road or yard assignments, with all material aspects of the assignments being equal (i.e. rest days, starting time, work location, type of service, etc.), common right assignments will be eliminated first by reducing 1) an unoccupied assignment, then 2) the assignment occupied by the junior conductor/foreman (and brakeman/helper on the assignment, if applicable). If necessary to reduce a prior right assignment because of dissimilar material aspects of the assignment, a common right assignment (road or yard) most closely resembling the conditions of the reduced assignment remaining at that location will then be considered prior right.

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2. When reducing yard assignments in a consolidated terminal where former Northern, Eastern and/or Western District employees have been consolidated under this NMA Agreement, common right positions will be eliminated first by reducing 1) an unoccupied assignment, then 2) the junior common right foreman/helper. If necessary to reduce an assignment occupied by a prior right employee because of dissimilar material aspects of the assignment from the assignment occupied by the junior common right foreman/helper, a corresponding number of common right positions remaining at that location will then be considered prior right in order that the prior right entity or entities will realize their full entitlement.

3. When two or more prior right road assignments of different prior right districts (i.e. road switchers or locals) are combined by including territory from two or more prior right districts, the newly combined assignment(s) will be considered common right (except in combined through freight service where prior right entitlement is allocated to turns reflecting each prior right district’s entitlement). Common right assignments established as a result of commingling prior rights work will not be considered in the aforementioned reduction of assignments.

4. In a district/territory where assigned service is abolished and converted to pool service, or vice versa, such assignments will continue to be recognized as prior right turns exclusive to the prior right district. If the assignments were shared between prior right districts, the resulting pool or assigned service, as the case may be, will be shared between the involved prior right districts.

5. If the designated home terminal of an assignment or assignments is reversed in accordance with B & O Agreement Rule 57, the prior right designations for the affected assignment(s) will travel to the opposing terminal with the assignment(s).


E. St.Amant

2

Agreed:





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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations E. St.Amant : Director-Labor Relations May 18, 2010

CSXT Labor Agreement No. 4-13-10

File No: 2239

Side Letter No. 6

W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 RE: Exercise of Seniority - Upon Implementation Date at a Location Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009. During our discussions the parties expressed concern that a liberal application of B & O Agreement Rule 64 could create extreme dislocation of employees, as well as a lack of qualified employees available, at the onset of implementation of the NMA coordination in a particular service between supply points. Therefore the parties are in agreement that the Carrier will advertise the newly created positions in a service coordinated under the terms of this Agreement twenty-one (21) days in advance of the effective date of the newly created service with a seven (7) day initial bid period. At the end of the bid period, senior applicants will be awarded the newly created positions, notified, and will be qualified over the territory as necessary in the interim fourteen (14) days pending the effective date of their awarded position in a manner to be determined by the Carrier (i.e. piloted trips, qualifying runs, etc.).

It is understood that while qualification trips and pilots will be provided by an appropriate train service craft employee, it may be necessary to protect the pilot/qualification service through the use of management personnel to initially qualify these trainers until a sufficient number of train service craft employees are qualified themselves. In this regard, the Carrier may begin to qualify

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extra board conductors over the territory to act as trainers at any time following the signing date of the NMA Coordination Agreement.

Conductors initially awarded positions on newly coordinated positions pursuant to the above procedure will be required to remain on their assignment for a period of thirty (30) days unless displaced by a senior employee or their assignment is discontinued. To accommodate this provision, Rule 64, Paragraphs 1 and 2 (a) will be suspended for a period of thirty (30) days following implementation of a particular service for purposes of that specific service only.

Subsequent to the date of implementation, conductors possessing sufficient seniority and desiring to exercise seniority into newly coordinated service, as well as conductors exercising seniority to an extra board protecting the service, will so notify a Carrier designated CMC Manager(s) and will be qualified as soon as possible by either providing pilots from the appropriate conductor’s extra list after allowing the displacing conductor to exercise seniority onto the position or, in the alternative, allowing the displacing conductor a sufficient number of qualifying trips prior to placing them on their new assignment. Payment for qualifying under this side letter will be limited to moves made within six months from the date of implementation of the service, unless extended by mutual agreement between the General Chairperson and Carrier’s HDO.

Conductors being qualified under this side letter will be paid the full mileage (or trip rate, as applicable) while qualifying as though they were a conductor actively operating in the newly advertised service including, but not limited to, held away time (Rule 57) and away from home expense arbitraries (Rule 103) that may be incurred while qualifying. Furthermore, conductors awarded positions upon the start up of newly coordinated service (under the 7 day bid process) will be governed by Rule 73 and guaranteed not to make less then their regular assignment earns while being intermittently pulled from their regular assignment to qualify for the new service during the fourteen (14) day interim period between the award of their newly coordinated assignment and their actual placement thereon upon implementation. Yours Very Truly, Rick Hiel

E. St.Amant

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Agreed:



________________________________ ___________________________________ John Previsich, International VP – UTU David Ingoldsby, AVP – Labor Relations

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Jacksonville, Florida 32202 Rick Hiel Director-Labor Relations Eve St.Amant : Director-Labor Relations

May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 7

W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 RE: Northern District Guaranteed Extra Boards Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

This will confirm our understanding that the guaranteed extra board rates in place on July 1, 2009 (subject to future General Wage Increases and/or COLA adjustments) for former Conrail Road Conductors, Road Brakemen, Yard Conductors (Foremen) and Yard Brakemen (Switchmen), along with the existing penalty for non-permissive layoffs, will remain in effect during the New York Dock protective period (six years), beginning with the implementation of the transaction (or the first phase of the transaction).

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During this six (6) year period the General Chairperson and the Carrier’s HDO will meet and attempt to reach an understanding on uniform guaranteed extra board rates that will apply to all Train Service Employees. Should the parties fail to reach agreement, the guaranteed extra board rates on the former Conrail property will revert to the extra board rates in effect on the former B&O property at the end of the six (6) year period.


E. St.Amant Agreed:




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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 8 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J. E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 RE: Conrail Northern District Crew Consist, Short Crew & Productivity Funds Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009. Due to various complexities, it is understood that the existing crew consist provisions applicable to the former Conrail Northern District Protected Employees concerning short crew and/or conductor only allowances, Up-front Productivity Savings Sharing Allowances and the respective Profit Sharing Savings Productivity Funds, Nos. 7008 and 7001 will remain unchanged and continue to be administered in accordance with the current plans and/or provisions of the respective Conrail Northern District Agreements.

In order to be considered crew consist “protected”, a prior-right Northern District Trainmen must have established a seniority date prior to September 9, 1978, or was specifically identified in Award of Arbitration Board No. 385.

Yours Very Truly,

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Rick Hiel

E. St.Amant Agreed:




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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations Eve St.Amant : Director-Labor Relations

May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 9 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: Section 1165 Agreement Retention Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

It is understood that only Conrail Roster F and G employees with a seniority date on one of those rosters prior to August 13, 1981, currently working for CSX Transportation will retain the ability to flow to Amtrak and vice versa, as specified in the provisions of the November 8, 1982, Section 1165 Agreement. Yours Very Truly, Rick Hiel

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E. St.Amant Agreed:





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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 10 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: Canadian Working Papers Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009. It was agreed that those employees whose assignment requires a periodic renewal of their Canadian working papers, will be reimbursed for miles traversed from their terminal to the closest point where they can obtain the necessary renewal or will be permitted to utilize deadhead transportation to obtain a renewal of those papers, with the condition that this will not adversely impact customer service.


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E. St.Amant Agreed:





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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No. 11 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: CR Northern District Pool Agreements Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

It was agreed that Pool Agreements will be retained on the Northern District pending review of each by the Highest Designated officer and General Chairman within six (6) months of the effective date of coordination. Yours Very Truly, Rick Hiel

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E. St.Amant Agreed:





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Labor Relations 6735 South Point Dr. S (J455) Jacksonville, FL 32216

Salvatore Macedonio, Jr. Director-Labor Relations August 3, 2011

J. E. Lesniewski, General Chairman, UTU 11363 San Jose Boulevard – Bldg. 105 Jacksonville, FL 32223

RE: NMAD Implementing Agreement, Side Letter #11 Dear Sir: Pursuant to Side Letter #11 of the Northern Mid-Atlantic Implementing Agreement, it was agreed that Pool Agreements will be retained on the Northern District pending review of each by the Highest Designated Officer and General Chairman within six (6) months of the effective date of coordination. This is to confirm our discussion that we agreed to extend the six (6) month review period until January 1, 2012.

Yours Very Truly,

____________________ Salvatore Macedonio Director –Labor Relations I concur: ____________________________ J. E. Lesniewski, General Chairperson ______________ Date:

cc: J. Gaylord S. Conner T. Flanley J. Lewandowski D. Dech B. Edwards D. Kiner C. Williamson


Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations E. St.Amant : Director-Labor Relations

May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 12

W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 RE: Side Letters & Local Agreements Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

This will confirm our understanding that upon the implementation of the transaction (or the first phase of the transaction), Western District side letters to the August 28, 1998 Conrail Implementing Agreements Nos. 2, 3, 10, 12, 14 & 17 will also apply to former CR Northern District Trainmen.

It is also understood that all local agreements entered into pursuant to Rule 103 of

the Award of Arbitration Board No. 385 in effect prior to the implementation of the transaction on the Northern District will be automatically cancelled upon the implementation of the transaction (or the first phase of the transaction) unless specifically renewed in writing as a result of mutual concurrence between the General Chairperson of Jurisdiction and the Highest Designated Officer of the Carrier.

Finally the parties recognize that certain geographical designations and territorial rights are exclusive to the former Conrail Northern District, and are obviously not encompassed in the B&O Agreement. For example, there is no intent to change previously designated points such as, but not limited to, terminal delay points, terminal and yard switching

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limits (with the exception of the newly consolidated Cleveland Terminal), designated interchange points, joint-usage or trackage rights involving Foreign Carriers. Therefore, these designated points and switching limits would remain in place. Yours Very Truly, Rick Hiel

E. St.Amant Agreed:


______________________________ ____________________________________ G. T. Casey, General Chairman J. E. Lesniewski, General Chairman Approved:


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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No. 13 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: Meal Allowance Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009. Effective upon implementation of the transaction (or the first phase of the transaction), the meal allowance provided for in Article II, Section 2, of the June 25, 1964 National Agreement, as amended, will be increased to ten (10) dollars. Yours Very Truly, Rick Hiel

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E. St.Amant Agreed:





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Jacksonville, Florida 32202 Rick Hiel Director-Labor Relations Eve St.Amant Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No. 14 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 RE: Bleeders Gentlemen: This refers to our discussions concerning further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009. It is understood that employees occupying “Bleeder” positions at Selkirk, New York, whose jobs are abolished as a result of this transaction, will be automatically certified as “displaced employees” as defined in the New York Dock labor protective conditions without being required to identify causal connection to the transaction; and test period averages, indicating entitlement to New York Dock benefits, subject to its terms and conditions, will be provided to them. In the future, should it be necessary to add additional positions at Selkirk whose exclusive duties are to bleed cars, the positions will be assigned to the Trainman’s Craft. Yours Very Truly,

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Rick Hiel

E. St.Amant Agreed:




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Jacksonville, Florida 32202 Rick Hiel Director-Labor Relations E. St.Amant Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No. 15 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J.E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 acksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: Engine Service Seniority Date Gentlemen: This refers to our discussions concerning the coordination of the former B&O and Conrail assets as described in carrier’s notice of December 2, 2009. The parties are in accord that, with the B&O Agreement being the governing agreement following implementation of the Northern Mid-Atlantic coordination, the Charles P. Fischbach Award rendered October 18, 2004, will govern the standing of trainmen entering engine service to the extent that newly promoted engineers hired after June 1, 1999 will retain their relative trainmen seniority standing in engine service so long as they accept promotion at the first opportunity it is afforded to them while in active train service. Yours Very Truly, Rick Hiel

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E. St.Amant Agreed:


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__________________________________ ____________________________________

G. T. Casey, General Chairman J. E. Lesniewski, General Chairman




Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 16 W. A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman J. E. Lesniewski, General Chairman United Transportation Union United Transportation Union P. O. Box 404 11363 San Jose Boulevard, Building 105 Framingham, MA 01704-0404 Jacksonville, FL 32257 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 RE: Test Period Average – Union Representatives Gentlemen: This refers to our discussions concerning further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009. If, subsequent to the effective date of the above-referenced transaction, UTU Organization Representatives exercise seniority rights in road and or yard service, and during the period such seniority is exercised such persons meet the definition of “displaced” or “dismissed” employees, they shall be entitled to the same protection afforded employees in road or yard service in which such seniority is exercised. When determining the “average monthly compensation” for such persons, it is understood that:

1. As to “full time” Organization Representatives who do not work in the class or classes in which they hold seniority while holding office, the individual’s test period average will be determined by taking the average of both the average monthly compensation and average monthly time paid for of the two senior active and two junior active employees ahead of and behind the individual on the roster to which he or she displaces.

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2. As to other than “full time” Organization Representatives, their test period average will first be computed in accordance with New York Dock. The test period average as thus determined will then be increased proportionately for each day the individual lost time or laid off to participate in union business.

The dates on which the individual was absent from service in order to participate in union business will be certified by the individual involved and by an officer of the UTU Organization and furnished to the designated officer of the Carrier.

If the foregoing confirms our understanding and agreement in this matter, please so indicate in the space provided below.


E. St.Amant Agreed:



________________________________ ____________________________________ D. J. O’Connell, General Chairman W. A. Wodowski, General Chairman

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Approved:


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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4- 13 -10 Side Letter No. 17 J.E. Lesniewski, General Chairman United Transportation Union 11363 San Jose Boulevard, Building 105 Jacksonville, FL 32257 RE: Vacation Scheduling Mr. Lesniewski: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s Notice of December 2, 2009.

This letter amends: Appendix B-2 Paragraph 4, and Appendix B-5, of the Vacation Agreement, Paragraph 3, of the January 1, 2002 “Flow back Agreement”, and the January 20, 1995 and December 18, 2000 Letters of Understanding. Beginning in calendar year 2011, Trainmen may convert up to two (2) weeks of earned vacation to “daily vacation”, to be taken one day at a time. It is understood that this is not intended to increase the number of Trainmen observing vacation in any given week; that is, weekly vacations and daily vacations are equally considered when setting the annual vacation schedule. Between September 1st and November 30th of each year, a Trainman must bid his vacation in the designated computer screen provided for this purpose. He will declare on this screen at that time, his intent to convert one or two weeks of earned vacation to daily vacation. On December 1st of each year, employees occupying positions in Train Service will be scheduled to take vacation on a Train Service Roster. Additionally, Trainmen occupying positions at a particular terminal on December 1st will be included on that terminal’s vacation schedule. Weekly vacations will be scheduled by December 15th to begin January 15th, (or the first Saturday following that date). All weekly vacations will begin at 0001 on Saturday and expire at 2359 on Fridays, unless otherwise arranged.

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The foregoing represents all of the agreed upon revisions to the aforementioned existing documents. Unless in direct conflict, any other provisions of these documents remain in full force and effect. Yours Very Truly, Rick Hiel Agreed:

________________________________ J. E. Lesniewski, General Chairman Approved:

_______________________________ ________________________________ John Previsich, International VP - UTU David Ingoldsby, AVP-Labor Relations

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Jacksonville, Florida 32202 Rick Hiel : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 18 J. E. Lesniewski, General Chairman United Transportation Union 11363 San Jose Boulevard, Building 105 Jacksonville, FL 32223 RE: B&OCT Agreement – Application of Side Letters Mr. Lesniewski:

This refers to our discussions concerning further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

The Parties recognize that the Baltimore & Ohio Chicago Terminal (B&OCT) Agreement will continue to apply to trainmen working in the Consolidated Chicago Terminal following implementation of this Coordination Agreement; however, the following Side Letters shall also be applicable to Train Service Employees working under the B&OCT Agreement. Any conflicting provisions of the B&OCT Agreement shall be superseded to the extent necessary, and only to the extent necessary, to achieve the changes identified therein:

No. 1 - Personal Leave days

No. 2 - Training Allowance

No. 3 - Recovery of Payroll Overpayments

No. 5 - Prior Rights – Increase/Decrease of Assignments

No. 15 - Engine Service Seniority Date

No. 16 - Test Period Average – Union Representatives

No. 17 - Vacation Scheduling

1

If the foregoing confirms our understanding and agreement in this matter, please so indicate in the space provided below.

Yours Very Truly, Rick Hiel Agreed:

____________________________________ J. E. Lesniewski, General Chairman Approved:


2


Jacksonville, Florida 32202 Rick Hiel Director-Labor Relations Eve St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No: 19

W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 G. T. Casey, General Chairman United Transportation Union P. O. Box 404 Framingham, MA 01704-0404 RE: Auto Shelter Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

This will confirm our understanding that the present one (1) hour arbitrary for “Auto Shelter” to the current employees will remain in effect on the former Conrail property during the New York Dock protective period (six years), beginning with the implementation of the transaction (or the first phase of the transaction).

During this six (6) year period the General Chairperson and the Carrier’s HDO will meet

and attempt to reach an understanding on how to address this payment into the future. Should the parties fail to reach agreement, the payment will no longer apply at the end of the six (6) year period.

Yours Very Truly,

E. St.Amant Agreed:


__________________________________ G. T. Casey, General Chairman Approved:


2


Jacksonville, Florida 32202 E. St.Amant : Director-Labor Relations May 18, 2010 CSXT Labor Agreement No. 4-13-10 File No: 2239 Side Letter No. 20 W.A. Beebe, General Chairman A. Pascarella, Acting General Chairman United Transportation Union United Transportation Union 214 Amity Road 215 East Water Street, Suite B Woodbridge, CT 06525 Syracuse, NY 13202-1159 W. A. Wodowski, General Chairman D. J. O’Connell, General Chairman 18 Fairelm Lane 333 W. State Street, 15F Cheektowaga, NY 14227 Trenton, NJ 08618 G. T. Casey, General Chairman United Transportation Union P. O. Box 404 Framingham, MA 01704-0404 RE: Claims Resolution Gentlemen: This refers to our discussions concerning the further coordination of the former B&O and Conrail assets as described in Carrier’s notice of December 2, 2009.

During our discussions the parties expressed concern over outstanding Conrail UTU claims. It was agreed by the parties that in the furtherance of sound labor management relations, all outstanding Northern District UTU claims filed as of this date will be deemed withdrawn by the Organization. The claims are withdrawn without prejudice to either side’s position.

It was further agreed that the Organization will be granted two hundred and twenty-five

thousand ($225,000) dollars to be disbursed by the Organization, in accordance with the internal understanding among the affected General Chairmen. Once the Organization has determined the appropriate distribution, it will provide Carrier’s Highest Designated Officer with an Excel spreadsheet containing the Names, ID Numbers and Amounts that each employee is entitled to. When the HDO receives the Organization’s list, the HDO will process the lists for payment.

Should any claims be filed subsequent to this date but prior to implementation of the B&O

Agreement, on or about February 1, 2011 those claims will be reviewed by the appropriate General Chairman and the Highest Designated Officer of the Carrier and resolved by mutual concurrence or through arbitration. 1

E. St.Amant Agreed:


__________________________________ G. T. Casey, General Chairman



2

M E D I N AM E D I N A

S U M M I TS U M M I T

L O R A I NL O R A I N C U Y A H O G AC U Y A H O G A

CD (C

LEVE

LAND

)SH (C

LEVELAND

SHORTLIN

E)

GH(GREENWICH)

OFF

LINE

CZ (CLEVELAND

TERMINAL)

OFFLINE

CL (CL& W)

CL (CL & W)

GH

(GREENWICH)

CL (CL & W)

BJ 162.25

Collinwood East QD 171Main Line to Buffalo QD 168.8

Main Line Cleveland to Indy QI 16

Main Line to Chicago QD 197

Randall Secondary 27.5

Collinwood West QD 175

BJA 150

BJA 155QDS 13.5

QDS 10

QD 170

QD 210

BJ 160

QD 200

QIS 0

QD 215

QI 30

QI 25

QI 15 QD 195QDS 20

QD2 0

QI 35

BJ 140BJA 140

BJ 155

BJ 145

BJ 150

QD 205 BJL 0

QI 10

QD 180

QI 20

QDS 15 BJI 0

QI 40

BJA 160

BJ 135

QD 190

QD 185BJB 70

QDS 5

BJ 130

BJA 145

ValleyCity

Vincent

West Richfield

Litchfield

Montrose

SagamoreHills

Ghent

BrentwoodLakeEaton Estates North

Eaton

LaporteColumbia

Hills Corners

West ViewNorthfield

Center

Peninsula

Brooklyn Heights

Grafton

Wellington

Richfield

Boston Heights

Fairlawn

Lagrange

WoodmereNewburghHeights

Highland Hills Orange

OlmstedFalls

Macedonia

Sheffield

Bratenahl

Linndale Cuyahoga Heights

NorthfieldIndependence

HighlandHeights

NorthRandall

Oberlin

Walton Hills Oakwood

ValleyView

SheffieldLake

Lake Erie

Willowick

Middleburg Heights

East Cleveland South Euclid

GarfieldHeights

NorthOlmsted

Wickliffe

RichmondHeights

Lyndhurst

Parma Heights

Brooklyn

WarrensvilleHeights

RockyRiver

AvonLake

Bay Village

BedfordHeights

MapleHeights

Brook Park

Cleveland Heights

Bedford

Avon

SevenHills

Fairview ParkWestlake

Brunswick

Strongsville

Medina

BeachwoodShaker Heights

University Heights

North Royalton

Amherst

Broadview Heights

Brecksville

NorthRidgeville

Berea

Euclid

Lorain

Elyria

Parma

Lakewood

Cleveland

Cleveland, OH

0 51 2 3 4

Miles

Legend

May 25, 2010

DISCLAIMER:The CSX Real Property, Inc. GIS Department, its employees,agents, and personnel, MAKES NOWARRANTY OF MERCHANTABILITY OR WARRANTYFOR WITNESS OF USE FOR A PARTICULARPURPOSE, EXPRESS OR IMPLIED, WITH RESPECTTO THE INFORMATION CONTAINED ON THIS MAP.Any user of this information accepts the same AS IS,WITH ALL FAULTS, and assumes all responsibility for theuse thereof, and further covenants and agrees to hold theCSX Real Property, Inc. GIS Dept., its employees, agents,and personnel, harmless from and against any damage,loss or liability arising from any use of the information.Users should obtain independent verification of allinformation contained on this map. CSX RealProperty, Inc. GIS Department, its employees, agents,and personnel, disclaims, and shall not be held liable for,any and all damage, loss or liability, whether direct, indirector consequential which arises or may arise from this MAPinformation or use thereof by any person or entity.Proprietary Information:The CSX RPI GIS Dept has copyrighted the map productand databases on this MAP and they reserve all rightsthereto. No portion of the products or databases on thisMAP may be reproduced in any form or by any meanswithout the express written authorization of the CSX RPIGIS Dept. or its authorized agents.

How tomorrow movesTM

CSXT RAIL OPERATIONCSXT RAIL

TRACKAGE RIGHTS

Milepost

Switching Limits

of 2

Attachment “C”

PRIOR RIGHT QUESTIONS AND ANSWERS Q-1. Can a prior right employee who has not voluntarily exercised seniority

outside of his prior right zone ever be required to work outside of his prior right zone?

A-1. No, except in accordance with Article II G. Q-2. Can a prior right employee voluntarily leave his prior right zone and

exercise seniority to another prior right zone in his common right seniority district? A-2. Yes, but only to the extent that his common right seniority on the

consolidated seniority district roster will permit. Q-3. A prior right employee stands for work which does not require a change of

residence and elects to exercise seniority to another location which would require a change of residence. Is this a voluntary exercise of seniority?

A-3 Yes. Q-4 Can a prior right employee, who has voluntarily exercised seniority to

another prior right zone in his consolidated seniority district return to his prior right zone at any time?

A-4. No, he can only return to his prior right zone in accordance with applicable

seniority rules. Q-5. If a prior right employee voluntarily leaves his prior right zone, exercises

seniority in his consolidated seniority district and subsequently assumes a cut-off status or is furloughed, can he thereafter return to his prior right zone even though he does not stand for work at that time in his prior right zone?

A-5. Under such circumstances the employee may resume his status as a prior

right zone employee provided written notice is given to Crew Management of such desire within 7 days of becoming "cut-off" or "furloughed". When such employee again stands for work in his prior right zone, he will be so notified in accordance with applicable agreement rule, and the Carrier has no obligation to notify the employee when he again stands for work on his consolidated seniority district.

Q-6. Can an employee who exercises consolidated seniority rights be forced to

return to his prior right district? A-6. No, except in accordance with B&O Schedule Rule 64, Paragraph 7.

of 2

Q-7. Does an employee who elects to exercise his consolidated seniority rights qualify for a Reserve Pool position at that location?

A-7. Yes, in accordance with Section 6 of B&O Schedule Rule 100.

Attachment “D” APPENDIX III

Labor protective conditions to be imposed in railroad transactions pursuant to 49 U.S.C. 11343 et seq. [formerly sections 5(2) and 5(3) of the Interstate Commerce Act], except for trackage rights and lease proposals which are being considered elsewhere, are as follows: 1. Definitions. - (a) “Transaction” means any action taken pursuant to authorizations of this Commission on which these provisions have been imposed. (b) “Displaced employee” means an employee of the railroad who, as a result of a transaction is placed in a worse position with respect to his compensation and rules governing his working conditions. (c) “Dismissed employee” means an employee of the railroad who, as a result of a transaction is deprived of employment with the railroad because of the abolition of his position or the loss thereof as the result of the exercise of seniority rights by an employee whose position is abolished as a result of a transaction. (d) “Protective period” means the period of time during which a displaced or dismissed employee is to be provided protection hereunder and extends from the date on which an employee is displaced or dismissed to the expiration of 6 years therefrom, provided, however, that the protective period for any particular employee shall not continue for a longer period following the date he was displaced or dismissed than the period during which such employee was in the employ of the railroad prior to the date of his displacement or his dismissal. For purposes of this appendix, an employee’s length of service shall be determined in accordance with the provisions of section 7 (b) of the Washington Job Protection Agreement of May 1936. 2. The rates of pay, rules, working conditions and all collective bargaining and other rights, privileges and benefits (including continuation of pension rights and benefits) of the railroad’s employees under applicable laws and/or existing collective bargaining agreements or otherwise shall be preserved unless changed by future collective bargaining agreements or applicable statutes. 3. Nothing in this Appendix shall be construed as depriving any employee of any rights or benefits or eliminating any obligations which such employee may have under any existing job security or other protective conditions or arrangements; provided, that if an employee otherwise is eligible for protection under both this Appendix and some other job security or other protective conditions or arrangements, he shall elect between the benefits under this Appendix and similar benefits under such other arrangement and, for so long as he continues to receive such benefits under the provisions which he so elects, he shall not be entitled to the same type of benefit under the provisions which he does not so elect; provided further, that the benefits under this Appendix, or any other arrangement, shall be construed to include the conditions, responsibilities and obligations accompanying such benefits; and, provided further, that after expiration of the period for which such employee is entitled to protection under the

Attachment “D”

2

arrangement which he so elects, he may then be entitled to protection under the other arrangement for the remainder, if any, of this protective period under that arrangement. 4. Notice and Agreement or Decision. - (a) Each railroad contemplating a transaction which is subject to these conditions and may cause the dismissal or displacement of any employees, or rearrangement of forces, shall give at least ninety (90) days written notice of such intended transaction by posting a notice on bulletin boards convenient to the interested employees of the railroad and by sending registered mail notice to the representatives of such interested employees. Such notice shall contain a full and adequate statement of the proposed changes to be affected by such transaction, including an estimate of the number of employees of each class affected by the intended changes. Prior to consummation the parties shall negotiate in the following manner. Within five (5) days from the date of receipt of notice, at the request of either the railroad or representatives of such interested employees, a place shall be selected to hold negotiations for the purpose of reaching agreement with respect to application of the terms and conditions of this appendix, and these negotiations shall commence immediately thereafter and continue for at least thirty (30) days. Each transaction which may result in a dismissal or displacement of employees or rearrangement of forces, shall provide for the selection of forces from all employees involved on a basis accepted as appropriate for application in the particular case and any assignment of employees made necessary by the transaction shall be made on the basis on of agreement or decision under this section 4. If at the end of thirty (30) days there is a failure to agree, either party to the dispute may submit it for adjustment in accordance with the following procedures:

(1) Within five (5) days from the request for arbitration the parties shall select a neutral referee and in the event they are unable to agree within said five (5) days upon the selection of said referee then the National Mediation Board shall immediately appoint a referee. (2) No later than twenty (20) days after a referee has been designated a hearing on the dispute shall commence. (3) The decision of the referee shall be final, binding and conclusive and shall be rendered within thirty (30) days from the commencement of the hearing of the dispute. (4) The salary and expenses of the referee shall be borne equally by the parties to the proceeding; all other expenses shall be paid by the party incurring them.

(b) No change in operations, services, facilities, or equipment shall occur until after an agreement is reached or the decision of a referee has been rendered. 5. Displacement allowances. - (a) So long after a displaced employee’s displacement as he is unable, in the normal exercise of his seniority rights under existing agreements, rules and practices, to obtain a position producing compensation equal to or exceeding the compensation

Attachment “D”

3

he received in the position from which he was displaced, he shall, during his protective period, be paid a monthly displacement allowance equal to the difference between the monthly compensation received by him in the position in which he is retained and the average monthly compensation received by him in the position from which he was displaced. Each displaced employee’s displacement allowance shall be determined by dividing separately by 12 the total compensation received by the employee and the total time for which he was paid during the last 12 months in which he performed services immediately preceding the date of his displacement as a result of the transaction (thereby producing average monthly compensation and average monthly time paid for in the test period), and provided further, that such allowance shall also be adjusted to reflect subsequent general wage increases. If a displaced employee’s compensation in his retained position in any month is less in any month in which he performs work than the aforesaid average compensation (adjusted to reflect subsequent general wage increases) to which he would have been entitled, he shall be paid the difference, less compensation for time lost on account of his voluntary absences to the extent that he is not available for service equivalent to his average monthly time during the test period, but if in his retained position he works in any month in excess of the aforesaid average monthly time paid for during the test period he shall be additionally compensated for such excess time at the rate of pay of the retained position. (b) If a displaced employee fails to exercise his seniority rights to secure another position available to him which does not require a change in his place of residence, to which he is entitled under the working agreement and which carries a rate of pay and compensation exceeding those of the position which he elects to retain, he shall thereafter be treated for the purposes of this section as occupying the position he elects to decline. (c) The displacement allowance shall cease prior to the expiration of the protective period in the event of the displaced employee’s resignation, death, retirement, or dismissal for justifiable cause. 6. Dismissal allowances. - (a) A dismissed employee shall be paid a monthly dismissal allowance, from the date he is deprived of employment and continuing during his protective period, equivalent to one-twelfth of the compensation received by him in the last 12 months of his employment in which he earned compensation prior to the date he is first deprived of employment as a result of the transaction. Such allowance shall also be adjusted to reflect subsequent general wage increases. (b) The dismissal allowance of any dismissed employee who returns to service with the railroad shall cease while he is so reemployed. During the time of such reemployment, he shall be entitled to protection in accordance with the provisions of section 5. (c) The dismissal allowance of any dismissed employee who is otherwise employed shall be reduced to the extent that his combined monthly earnings in such other employment, any benefits received under any unemployment insurance law, and his dismissal allowance exceed the amount upon which his dismissal allowance is based. Such employee, or his representative,

Attachment “D”

4

and the railroad shall agree upon a procedure by which the railroad shall be currently informed of the earnings of such employee in employment other than with the railroad, and the benefits received. (d) The dismissal allowance shall cease prior to the expiration of the protective period in the event of the employee’s resignation, death, retirement, dismissal for justifiable cause under existing agreements, failure to return to service after being notified in accordance with the working agreement, failure without good cause to accept a comparable position which does not require a change in his place of residence for which he is qualified and eligible after appropriate notification, if his return does not infringe upon the employment rights of other employees under a working agreement. 7. Separation allowance. - A dismissed employee entitled to protection under this appendix, may, at his option within 7 days of his dismissal, resign and (in lieu of all other benefits and protections provided in this appendix) accept a lump sum payment computed in accordance with section 9 of the Washington Job Protection Agreement of May 1936. 8. Fringe benefits. - No employee of the railroad who is affected by a transaction shall be deprived, during his protection period, of benefits attached to his previous employment, such as free transportation, hospitalization, pensions, reliefs, et cetera, under the same conditions and so long as such benefits continue to be accorded to other employees of the railroad, in active or on furlough as the case may be, to the extent that such benefits can be so maintained under present authority of law or corporate action or through future authorization which may be obtained. 9. Moving expenses. - Any employee retained in the service of the railroad or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his employment as a result of the transaction, and who within his protective period is required to move his place of residence, shall be reimbursed for all expenses of moving his household and other personal effects for the traveling expenses of himself and members of his family, including living expenses for himself and his family and for his own actual wage loss, not exceed 3 working days, the exact extent of the responsibility of the railroad during the time necessary for such transfer and for reasonable time thereafter and the ways and means of transportation to be agreed upon in advance by the railroad and the affected employee or his representatives; provided, however, that changes in place of residence which are not a result of the transaction, shall not be considered to be within the purview of this section; provided further, that the railroad shall, to the same extent provided above, assume the expenses, et cetera, for any employee furloughed with three (3) years after changing his point of employment as a result of a transaction, who elects to move his place of residence back to his original point of employment. No claim for reimbursement shall be paid under the provision of this section unless such claim is presented to railroad with 90 days after the date on which the expenses were incurred. 10.. Should the railroad rearrange or adjust its forces in anticipation of a transaction with the purpose or effect of depriving an employee of benefits to which he otherwise would have become entitled under this appendix, this appendix will apply to such employee.

Attachment “D”

5

11. Arbitration of disputes. - (a) In the event the railroad and its employees or their authorized representatives cannot settle any dispute or controversy with respect to the interpretation, application or enforcement of any provision of this appendix, except section 4 and 12 of this article I, within 20 days after the dispute arises, it may be referred by either party to an arbitration committee. Upon notice in writing served by one party on the other of intent by that party to refer a dispute or controversy to an arbitration committee, each party shall, within 10 days, select one member of the committee and the members thus chosen shall select a neutral member who shall serve as chairman. If any party fails to select its member of the arbitration committee within the prescribed time limit, the general chairman of the involved labor organization or the highest officer designated by the railroads, as the case may be, shall be deemed the selected member and the committee shall then function and its decision shall have the same force and effect as though all parties had selected their members. Should the members be unable to agree upon the appointment of the neutral member within 10 days, the parties shall then within an additional 10 days endeavor to agree to a method by which a neutral member shall be appointed, and, failing such agreement, either party may request the National Mediation Board to designate within 10 days the neutral member whose designation will be binding, upon the parties. (b) In the event a dispute involves more than one labor organization, each will be entitled to a representative on the arbitration committee, in which event the railroad will entitled to appoint additional representatives so as to equal the number of labor organization representatives. (c) The decision, by majority vote, of the arbitration committee shall be final, binding, and conclusive and shall be rendered within 45 days after the hearing of the dispute or controversy has been concluded and the record closed. (d) The salaries and expenses of the neutral member shall be borne equally by the parties to the proceeding and all other expenses shall be paid by the party incurring them. (e) In the event of any dispute as to whether or not a particular employee was affected by a transaction, it shall be his obligation to identify the transaction and specify the pertinent facts of that transaction relied upon. It shall then be the railroad’s burden to prove that factors other than a transaction affected the employee. 12. Losses from home removal. - (a) The following conditions shall apply to the extent they are applicable in each instance to any employee who is retained in the service of the railroad (or who is later restored to service after being entitled to receive a dismissal allowance) who is required to change the point of his employment within his protective period as a result of the transaction and is therefore required to move his place of residence: (i) If the employee owns his own home in the locality from which he is required to move, he shall at his option be reimbursed by the railroad for any loss suffered in the sale of his home for less than its fair value. In each case the fair value of the home in question shall be determined as of a date sufficiently prior to the date of the transaction so as to be unaffected

Attachment “D”

6

thereby. The railroad shall in each instance be afforded an opportunity to purchase the home at such fair value before it is sold by the employee to any other person. (ii) If the employee is under a contract to purchase his home, the railroad shall protect him against loss to the extent of the fair value of equity he may have in the home and in addition shall relieve him from any further obligation under his contract. (iii) If the employee holds an unexpired lease of a dwelling occupied by him as his home, the railroad shall protect him from all loss and cost in securing the cancellation of said lease. (b) Changes in place of residence which are not the result of a transaction shall not be considered to be within the purview of this section. (c) No claim for loss shall be paid under the provisions of this section unless such claim is presented to the railroad within 1 year after the date the employee is required to move. (d) Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the loss under a contract for purchase, loss and cost in securing termination of a lease, or any other question in connection with these matters, it shall be decided through joint conference between the employee, or their representatives and the railroad. In the event they are unable to agree, the dispute or controversy may be referred by either party to a board of competent real estate appraisers, selected in the following manner. One to be selected by the representatives of the employees and one by the railroad, and these two, if unable to agree within 30 days upon a valuation, shall endeavor by agreement within 10 days thereafter to select a third appraiser, or to agree to a method by which a third appraiser shall be selected, and failing such agreement, either party may request the National Mediation Board to designate within 10 days a third appraiser whose designation will be binding upon the parties. A decision of a majority of the appraisers shall be required and said decision shall be final and conclusive. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party.

ARTICLE II 1. Any employee who is terminated or furloughed as a result of a transaction shall, if he so requests, be granted priority of employment or reemployment to fill a position comparable to that which he held when his employment was terminated or he was furloughed, even though in a different craft or class, on the railroad which he is, or by training or retraining physically and mentally can become, qualified, not, however, in contravention of collective bargaining agreements relating thereto. 2. In the event such training or retraining is requested by such employee, the railroad shall provide for such training or retraining at no cost to the employee.

Attachment “D”

7

3. If such a terminated or furloughed employee who had made a request under section 1 or 2 of the article II fails without good cause within 10 calendar days to accept an offer of a position comparable to that which he held when terminated or furloughed for which he is qualified, or for which he has satisfactorily completed such training, he shall, effective at the expiration of such 10-day period, forfeit all rights and benefits under this appendix. ARTICLE III Subject to this appendix, as if employees of railroad, shall be employees, if affected by a transaction, of separately incorporated terminal companies which are owned (in whole or in part) or used by railroad and employees of any other enterprise within the definition of common carrier by railroad in section 1 (3) of part I of the Interstate Commerce Act, as amended, in which railroad has an interest, to which railroad provides facilities, or with which railroad contracts for use of facilities, or the facilities of which railroad otherwise uses; except that the provisions of this appendix shall be suspended with respect to each such employee until and unless he applies for employment with each owning carrier and each using carrier; provided that said carriers shall establish one convenient central location for each terminal or other enterprise for receipt of one such application which will be effective as to all said carriers and railroad shall notify such employees of this requirement and of the location for receipt of the application. Such employee shall not be entitled to any of the benefits of this appendix in the case of failure, without good cause, to accept comparable employment, which does not require a change in place of residence, under the same conditions as apply to other employees under this appendix, with any carrier for which application for employment has been made in accordance with this section. ARTICLE IV Employees of the railroad who are not represented by a labor organization shall be afforded substantially the same levels of protection as are afforded to members of labor organizations under these terms and conditions. In the event any dispute or controversy arises between the railroad and an employee not represented by a labor organization with respect to the interpretation, application or enforcement of any provision hereof which cannot be settled by the parties within 30 days after the dispute arises, either party may refer the dispute to arbitration. ARTICLE V 1. It is the intent of this appendix to provide employee protections which are not less than the benefits established under 49 USC 11347 before February 5, 1976, and under section 565 of title 45. In so doing, changes in wording and organization from arrangements earlier developed under those sections have been necessary to make such benefits applicable to transactions as defined in article 1 of this appendix. In making such changes, it is not the intent of this appendix to diminish such benefits. Thus, the terms of this appendix are to be resolved in favor of this intent to provide employee protections and benefits no less than those established under 49 USC 11347 before February 5, 1976 and under section 565 of title 45.

Attachment “D”

8

2. In the event any provision of this appendix is held to be invalid or otherwise unenforceable under applicable law, the remaining provisions of this appendix shall not be affected.

- - 1

Attachment “E”

Request for Entitlement to Benefits under New York Dock CSX TRANSPORTATION, INCORPORATED Instructions: This Entitlement to Benefits Form is to assist the

Employee and the Company in determining whether the Employee is entitled to benefits. We wish to do this as promptly as possible in order to expedite the processing of valid claims. You may help by completing the form with as many helpful facts as will assist the Company in its initial determination as to whether you have been adversely affected.

Completed forms should be forwarded to:

Ms. D. A. Fore Director Labor Relations CSX Transportation – J455 500 Water Street Jacksonville, FL 32202

Notice of: [ ] Placement in a worse position with respect to my

compensation. or

[ ] Loss of Employment. Name: _________________________ ID No.________________ Craft: ________ Home Address: ________________________________________________________ Current Seniority Roster No.: __________ Seniority Date: _____________ Hire Date: ______________ Immediate Supervisor: ______________________ 1. On what date were you first placed in a worse position or deprived of employment?

_________________

How: [ ] Position Abolished [ ] Displaced by ___________________________________________

[ ] Other. Explain ________________________________________

- - 2

2 (a) What position did you hold immediately prior to the date shown in Item 1?

Position: _________________________ Location: ___________________

Rate of pay: _____________ hour/day

(b) What position do you currently hold?

Position: __________________________ Location: ___________________

Rate of pay: _____________ hour/day

(c) At the time of your displacement, did you exercise your seniority to obtain the highest paying position available to you? _________

If the answer is no, please explain: _____________________________ __________________________________________________________________ 3. Identify what occurred that resulted in your being placed in a worse position or deprived

of employment:

__________________________________________________________________ __________________________________________________________________

__________________________________________________________________

4. Explain in detail how your work situation changed and caused you to be adversely

affected. (Use additional sheet if necessary.)

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________ I HEREBY CERTIFY THAT THIS INFORMATION IS TRUE AND CORRECT: __________________________________ ________________________

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e)

(Pro

tect

ion

Agr

eem

ent)

INS

TRU

CTI

ON

S

1. T

he fo

llow

ing

field

s m

ust b

e co

mpl

eted

. I

. F

orm

mus

t be

sign

ed b

y em

ploy

ee o

r per

son

prep

ared

by

(if s

ubm

itted

on

b

ehal

f of a

n em

ploy

ee)

A

. ID

Num

ber (

6 di

gits

onl

y).

Do

not p

rece

de ID

with

1 o

r 2 fo

r

form

er C

hess

ie R

oads

. P

. W

hen

form

is c

ompl

eted

, mai

l to:

B

. N

ame

- ini

tials

and

last

nam

e on

ly.

CS

X T

rans

porta

tion,

Inc.

- J4

55A

ttn:

Labo

r Rel

atio

ns -

T&E

Pro

tect

ion

C

. C

laim

Per

iod

- Mon

th a

nd y

ear

500

Wat

er S

treet

Jack

sonv

ille,

FL

322

02

D.

Agr

eem

ent -

Nam

e of

pro

tect

ive

agre

emen

t

Exa

mpl

es:

New

Yor

k D

ock

E

. Lo

catio

n

F.

Exp

iratio

n D

ate

of P

rote

ctio

n - L

ist m

onth

, day

and

yea

r

G.

List

out

side

ear

ning

s an

d m

onie

s re

ceiv

ed fr

om R

ailro

ad R

etire

men

t

B

oard

for e

ach

day

of th

e m

onth

. B

e su

re to

incl

ude

nam

e

o

f out

side

em

ploy

er.

H.

All

form

s m

ust b

e co

mpl

eted

with

all

info

rmat

ion

requ

este

d, o

r

fo

rm w

ill b

e re

turn

ed to

em

ploy

ee.

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