MEMORANDUM OF AGREEMENT between CANADIAN PACIFIC RAILWAY (the Company) and the Brotherhood of Locomotive Engineers And United

MEMORANDUM OF AGREEMENT between CANADIAN PACIFIC RAILWAY (the Company) and the Brotherhood of Locomotive Engineers and United Transportation Union.

CONCERNING REVELSTOKE TERMINAL

1.0 TERMS AND CONDITIONS

1.1 It is recognized that Revelstoke is a home terminal for road crews operating on the Shuswap and Mountain Subdivisions.

Revelstoke Terminal will be considered to be the track between mile 9 on the Shuswap Subdivision and mile 116 on the Mountain Subdivision.

This will not affect the current OMTS or designated points at this terminal.

1.2 The current switching limits at Revelstoke Terminal will be re-established, in accordance with Article 8, Clause (d) and Article 21of the UTU Collective Agreement and Article 4.17 of the BLE Collective Agreement to be from mile 9 on the Shuswap Subdivision to mile 116 on the Mountain Subdivision.

1.3 The switching zone for the Revelstoke terminal will be revised to allow crews to change off within the switching limits described in item 1.2. The new switching zone will be between mile 116 Mountain Subdivision and mile 11 Shuswap Subdivision. Crews will not be run past the limits described in 1.2 but this longer switching zone will be established for the sole purpose of allowing Mountain Sub. crews to change off Shuswap Sub crews at Clanwilliam when the train extends beyond mile 9.

2.0 STAGING TRAINS WITHIN THE NEW LIMITS

2.1 Locomotive Engineers, Conductors and Brakepersons who are required to yard or lift their trains and/or perform crew changes between mile 1.5 and 9 Shuswap subdivision and between mile 123.5 and 116 Mountain subdivision will be paid 15 miles. These payments will be in addition to initial or final time. These payments will not be used to make up a minimum day.

2.2 The service referred to in item 2.1 may include;

2.2.1 yarding trains either between mile 1.5 and mile 9 Shuswap subdivision or between mile 123.4 and 116 Mountain subdivision and travelling to the station to go off duty;

2.2.2 travelling to either between mile 1.5 and 9 Shuswap subdivision or between mile 123.5 and 116 Mountain subdivision and operating a train from that point through Revelstoke to either Kamloops or Field. Initial time will be calculated from the on duty time until departure from the current Outer Main Track Switch points.

2.3 Mountain Subdivision crews on westbound trains arriving at Revelstoke run past mile 1.5 on the Shuswap subdivision or Shuswap Subdivision crews on eastbound trains run past mile 123.5 on the Mountain Subdivision to yard trains within these new limits, will be paid 10 miles in addition to the payment in item 2.1 of this agreement.

2.3.1 The consent of the crew is required before they are run through Revelstoke as described in item 2.3 of this agreement if they have less than 2 hours to complete their tour of duty in accordance with the applicable agreements and/or regulations or they have more than 8 hours on duty.

2.3.2 Trains run through Revelstoke as described in item 2.3 of this agreement will be given the highest priority and it is recognized that crews on these trains need to be off duty in the most expeditious manner. Crews in this service will not be required to perform switching in Revelstoke or beyond.

2.4 Westbound trains will not be staged between Begbie and Tum Tum.

2.5 When a train is operated "short" of the current terminal, (e.g. Train run from Field to Greely; or from Kamloops to Clanwilliam,) crews will be considered to have completed a fixed mileage trip to Revelstoke and will be paid in accordance with the current fixed mileage rate in the collective agreement.

2.6 Crews lifting trains “short” of the current terminal, (eg. Run from Greely to Field or from Clanwilliam to Kamloops) will be paid under the current fixed rate provisions for the respective subdivision.

2.7 Notwithstanding whether a train is run short or long, conditions for

payment for the NR ($80.00) premium payment as outlined in Articles 27

and 29 of the BLE and UTU West collective agreements remain at the

current Outer Main Track Switch points or when deadheading commences.

2.8 Tours of duty with these claims will not be used in any ticket sample used in a fixed mileage review process of the original fixed mileages.

3.0 LOCOMOTIVE SWITCHING AND FUELLING

3.1 Locomotive Engineers, Conductors and Brakepersons working the Mountain or Shuswap subdivisions will be paid 8 non chargeable miles when required to switch or fuel locomotives as described in this agreement.

3.2 The payment referred to in item 3.1 is in addition to initial, final or fixed rate payments and will not be used to make up a minimum day. These claims will not be paid in addition to other arbitrary claims made at the same location.

3.3 The service referred to in item 3.1 includes all unit switching that requires the pick up or set off of a diesel unit (or units) and involves the making or breaking of connections between the units or who are required to make the train conventional from robot operated or vice-versa. The service also includes trains stopped for fuelling.

3.4 The payment referred to in item 3.1 will only apply once when more than one kind of applicable service is performed at the same location.

3.5 For the purpose of this agreement, the south yard, north and south tracks at Golden will be considered different locations in the application of item 3.4.

3.6 Crews on trains originating or terminating are not entitled to these payment in the South Yard Golden.

4.0 AD HOC ROADSWITCHER AGREEMENT

4.1 Unassigned Locomotive Engineers, Conductors and Brakepersons working the Mountain or Shuswap subdivisions may be called in road switcher service from an away from home terminal on the following conditions.

4.2 Crews called in this service will be paid a flat rate of 200 miles at road switcher rates and conditions except as specified.

4.3 The mileage restrictions in the road switcher agreement are relaxed to enable crews in this service to the point where they can be used for an unlimited number of times between Field and KC Junction or between Kamloops and Chase.

4.4 Crews called in this service will be deadheaded home by taxi immediately upon completion of their tour of duty unless other specific arrangements are made by the crews in this service. Crews completing this Road Switcher service will not be placed in the pool at the away from home terminal. These crews are in Road Switcher service until they arrive in Revelstoke. The deadhead will be paid as a new day in addition to item 4.2 at Road switcher rates.

Should crews book rest after this service, they will be called to deadhead home immediately upon the expiration of this rest. When one crew member books rest and the other doesn’t, the crew member who stayed available will be deadheaded by taxi and the other crew member will be deadheaded home by whatever means practicable. When both crew members book rest but for different times, both crew members will be deadheaded home by taxi as soon as both crew members are available. They will establish a turn at Revelstoke based on their off duty time.

4.5 Crews called in this service will be entitled to claim an $80 NR claim if not at the final terminal or relieved within 10 hours of service for the road switcher ticket.

4.6 When crews in this service are used to move trains from the away from home terminal to another point on the subdivision (eg. Kamloops to Chase or Field to KC Junction) the pool crew who takes the train from that point will be paid under the current fixed rate provisions for the respective subdivision.

5.0 WITHOUT PREJUDICE OR PRECEDENT

This agreement is entered into without precedent or prejudice to the positions of either party and may not be used by either party for any reason without the expressed written permission of the other party.