Appendix 8

Expanded Seniority Rights

NJ Transit

McCarter Highway & Market St.

P O Box 10009

Newark, NJ  07101

December 29, 1982

Mr. J. P. Carberry, Vice President

Brotherhood of Locomotive Engineers

455 Empire Boulevard

Rochester, New York  14609

Dear Mr. Carberry:

This letter signifies NJT Rail's intention to negotiate in good faith an agreement among your organization, Conrail and Amtrak which provides expanded seniority rights to engine service employees, protects the service of each carrier and provides for an accounting of expenses among the carriers.  Specifically, this agreement would modify and expand the implementing Award among the parties by:

(1.) Expanding the order of selection list contained in Referee Kasher's

award of October 14, 1982 to include all engine service employees currently in Conrail Seniority District G who are working with Conrail or Amtrak on January 1, 1983 and who indicate an intention to be eligible for the effect of this                  Agreement;

      (2.) Placing potentially eligible engine service employees at Conrail and Amtrak who, upon proper notice by April 1, 1983, would notify NJT Rail in writing of their intent of placement on an expanded Order of Selection List.

      (3.) Allowing NJT Rail engine service employees to accumulate seniority at Conrail and Amtrak, and allowing engine service employees placed on the enlarged Order of Selection List who have not chosen or were unable to accept NJT Rail's offer to accumulate seniority with NJT Rail;

      (4.) Offering engine service employees of NJT Rail who are displaced an opportunity to exercise seniority to Amtrak or Conrail;

      (5.) Offering engine service employees of NJT Rail who choose to accept its offer of employment an opportunity to exercise any seniority granted them by            Conrail or Amtrak to a position at the other carrier while continuing to preserve NJT   Rail seniority.  Such exercise may only occur on January 1 of each year and is limited to 20% of the active engine service employees at NJT Rail in seniority order, provided that NJT Rail may, after consulting with the            BLE designated Representative, limit the exercise of seniority to less than 20% to ensure that there is no disruption of service by reason of such exercise of              seniority.  This provision supersedes Article V of the October 14, 1982 Implementing Award, and is in substitution of the statutory right to return to                 Conrail every six months provided by Section 508(c)(7) of the Rail Passenger Service Act, as amended;

(6.) Requiring employees returning to NJT Rail to exercise seniority in accordance with the applicable NJT Rail agreement.  NJT Rail may furlough one employee in engine service for each employee who returns to NJT Rail;

      (7.) Requiring that this Agreement be read compatibly with the Implementing Award, dated October 14, 1982, between your organization, Conrail and Amtrak;

      (8.) Providing for an accurate and timely allocation of employer wage and fringe benefit costs among the various employing carriers; and

      (9.) Providing personnel, medical and service records of Conrail employees who accept NJT Rail's offer of employment and transfer to NJT Rail on January 1,             1983 and of Conrail and Amtrak employees who subsequently elect to exercise seniority to NJT Rail.

Any agreement providing expanded seniority rights which may be negotiated between NJT Rail, Conrail, Amtrak, and the Brotherhood of Locomotive Engineers shall provide expanded seniority rights at least equal to those received by the United Transportation Union under any similarly negotiated Agreement.

Very truly yours,

(original signed by:)                I CONCUR:

Martin E. Robins                    (original signed by:)

Deputy Executive Director           J. P. Carberry, VP

cc: T. J. Cavan, General Chairman

    Brotherhood of Locomotive Engineers

                                                Appendix 9

Understanding on "Free Flow"

NJ Transit

McCarter Highway & Market St.

P O Box 10009

Newark, NJ  07101

March 24, 1983

Mr. J. P. Carberry, Vice President

Brotherhood of Locomotive Engineers

455 Empire Boulevard

Rochester, New York  14609

Dear Mr. Carberry:

This is to confirm our understanding that the "Free Flow" Agreement entered into on March 23, 1983 between Conrail, New Jersey Transit Rail Operations, Inc., and the Brotherhood of Locomotive Engineers pursuant to our Letter of Intent of December 29, 1982 will become effective on such date the Collective Bargaining Agreement between New Jersey Transit Rail Operations and the Brotherhood of Locomotive Engineers becomes effective.

This agreement fulfills NJTRO's commitment to negotiate an agreement to provide expanded seniority rights to engine service employees as detailed in the attached December 29, 1982 letter to Mr. J. P. Carberry from Martin E. Robins.  While not specifically incorporated in the March 23, 1983 Agreement, it is also agreed that the terms of Item 9 of the December 29, 1982 Letter of Intent are herewith incorporated in and made a part of the above referred to Agreement.

It is further understood that such "Free Flow" agreement is to be considered as if it were a part of such Collective Bargaining Agreement.

If the foregoing accurately reflects our understanding, please indicate your concurrence in the space provided below.

Very truly yours,

(original signed by:)

Martin E. Robins

Deputy Executive Director

New Jersey Transit

I CONCUR

(original signed by:)

J. P. Carberry, BLE     

Free Flow

IN FULFILLMENT OF THE MARCH 23, 1983 COMMITMENTS AMONG CONSOLIDATED RAIL CORPORATION (CONRAIL), NEW JERSEY TRANSIT RAIL OPERATIONS, INC. (NJTRO) AND THE CONRAIL AND  NJTRO EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS ("BLE") TO AMEND THE SECTION l145  AGREEMENT/AWARD DATED OCTOBER 14, 1982

     WHEREAS, Conrail engine service employees were authorized to obtain employment rights with NJTRO by Section 1145 of the Northeast Rail Service Act of 1981 ("Section 1145"), which added Section 508 to the Rail Passenger Service Act (Section  5O8);

     WHEREAS, because the parties, efforts to initially reach a timely agreement on the implementation of Section 5O8 were unsuccessful,  Referee Kasher originally implemented, Section  5O8 in the Section 1145 Agreement/Award dated October 14, 1982, as amended December 14, 1982 ("Kasher Award"), and provided a procedure whereby Conrail engine service employees could acquire employment rights with NJTRO pursuant to Section  508;

     WHEREAS, the parties now believe that there may have been confusion on the part of certain eligible Conrail engine service employees relating to the transfer of engine service employees from Conrail to NJTRO effective January 1, 1983 pursuant to Section 508;

     WHEREAS, the BLE requested that additional Conrail engine service employees be provided with an opportunity to acquire expanded employment rights with NJTRO;

     WHEREAS, the parties hereto further desire to amend the Kasher Award to provide additional Conrail employees with an opportunity to acquire employment rights with NJTRO pursuant to Section 508; and,

     WHEREAS,  the parties hereto further desire to

complete their March 23, 1983 commitments regarding amendments to the Kasher Award,

     IT IS HEREBY AGREED by and among Conrail, NJTRO and the BLE as follows:

I. Eligible employees under this agreement are:

A.    Promoted engineers holding seniority rights on Conrail's 1986

Seniority District "G" Engine Service Roster, excluding:

l. those employees with seniority dates after

June 6, 1980; and

                  2. anyone who is or has been employed in engine                     service by NJTRO prior to the effective date of this agreement.

           B. Promoted furloughed Conrail System Seniority engineers with a system Seniority date prior to January 1, 1983.

II. TERM OF AGREEMENT

This agreement shall be in effect from May 10, 1987 and shall expire on May 10, 1991.  Thereafter the Kasher Award as amended December 14, 1982, shall govern.

III. EMPLOYMENT DATES

          A. Eligible Conrail employees shall be permitted to transfer to NJTRO in accordance with the following schedule:

1.    By June 25, 1987, eligible employees may apply for

employment with NJTRO, with the employment to become effective July 25, 1987.  Up to three (3) eligible employees may transfer from Conrail to NJTRO.

2.    By September 1, 1987, eligible employees may apply for

employment with NJTRO, with the employment to become effective November 1, 1987.  Up to five (5) eligible employees may transfer from Conrail to NJTRO. Additionally, for each employee who returns to Conrail from NJTRO, pursuant to Article V.A.2 of the Kasher Award, one (1) eligible Conrail employee shall be permitted to transfer to NJTRO pursuant to this Agreement.

3.    By December 1, 1987, eligible employees may apply for

employment with NJTRO, with the employment to become effective February 1, 1988.  Up to four (4) eligible employees may transfer from Conrail to NJTRO. Additionally, for each employee who Returns to Conrail from NJTRO, pursuant to Article V.A.2 of the Kasher Award  (except that the transfer date shall be effective February 1, 1988), one (1) eligible Conrail employee shall be permitted to transfer to NJTRO pursuant to this Agreement

4. By December 1, 1988, eligible employees may apply for

employment with NJTRO, with the employment to become effective February 1, 1989.  Up to three (3) eligible employees may transfer from  Conrail to NJTRO. Additionally, for each employee who returns to Conrail from NJTRO, pursuant to Article V.A.2 of the Kasher Award (except that the transfer date shall be effective February 1, 1989), one (1) eligible Conrail employee shall be permitted to transfer to NJTRO pursuant to this Agreement.

5. By December 1, 1989, eligible employees may apply for

employment with NJTRO, with the employment to become effective February 1, 1990.  For each employee who returns to Conrail from NJTRO, pursuant to Article V.A.2 of the Kasher Award (except that the transfer date shall be effective February 1, 1990), one (1) eligible Conrail employee shall be permitted to transfer to NJTRO pursuant to this Agreement.

                  6. By December 1, 1990, eligible employees may apply for employment with NJTRO, with the employment to become effective February 1, 1991.  For each employee who returns to Conrail from NJTRO, pursuant to Article V.A.2 of the Kasher Award (except that the transfer date shall be effective February 1, 1991), one (1) eligible Conrail employee shall be permitted to transfer to NJTRO pursuant to this Agreement.

B.    The transfer dates specified in Article V.A.2. of the Kasher

Award are suspended from May l, 1988 through May 1, 1991.

      C. In no event shall the number of NJTRO employees permitted to return to Conrail from NJTRO exceed ten percent (10%)  of the engine service employees employed by NJTRO on that date.

IV. EMPLOYMENT APPLICATION PROCEDURE

            A. Eligible employees desiring employment with NJTRO under this agreement must make written application to the NJTRO Manager - Labor Relations with copies to Conrail's Eastern Region Manager - Labor Relations and the BLE's General Chairman.

B. Separate applications for employment with NJTRO must be submitted

during each application period specified in Article III above.  Applications shall be accepted in the following order:

                  1. first from eligible employees on the Conrail District "G" Engine Service Roster in seniority order; and

                  2. thereafter from Eligible promoted furloughed Conrail system seniority engineers with a system seniority date prior to January 1,I983, in system seniority order.

C. Eligible employees may acquire employment rights with NJTRO only

once pursuant to this Agreement. Employees "deprived of employment" on NJTRO shall retain the right to return to Conrail as provided in the Kasher Award, Article V.A.1.

            D. An eligible employee's written application shall constitute release of: (1) the employee's service, personnel and medical records to NJTRO and (2) any claims, by the employee against Conrail, NJTRO and the BLE, in connection with the employee's right to obtain employment with NJTRO. The service, personnel and medical records for successful applicants will be promptly transferred between NJTRO and Conrail, concurrent with the employee's transfer.  By July 1, 1987, the parties shall agree on an appropriate application form to implement this provision.

            E. The provisions in Article IV. D. shall also apply to employees returning from NJTRO to Conrail.

            F. Employees transferring to NJTRO pursuant to this agreement shall establish seniority therein as of the first date they are employed by NJTRO.  In the event two or more such employees begin employment on the same date, their relative standing on the NJTRO roster shall be determined by their relative standing on the Conrail seniority roster.  The provisions of this Agreement shall not affect employees' seniority standing on Conrail.

G. Entitlement to health and welfare benefits and vacations of

employees transferring under this agreement shall be in accordance with Article VIII. A. and D. of the Kasher Award. There shall be no interruption of health and welfare benefits of such employees.

V. DISPUTES

Any dispute or controversy with respect to the interpretation, application or enforcement of the provisions of this agreement shall be resolved in accordance with the procedures set forth in Article IX of the Kasher Award.

      VI. EFFECT ON PREVIOUS AGREEMENTS

A.    During its term, the provisions of this Agreement supersede any

inconsistent provisions of the Kasher Award. In all other aspects the provisions of the Kasher Award shall remain in full force and effect.

            B. The term "separation allowance" used in Article V.A. 1. of the Kasher Award shall be amended to read as follows:   " .  .  . separation allowance, including but not limited to amounts paid in return for an employee's agreement not to present himself or herself for employment or reemployment, ..."

            C. Any previous agreements or understandings among the parties amending or modifying the Kasher Award, which are inconsistent with the provisions of this agreement, including but not limited to the document signed and/or initialed by the parties on March 23, 1983, and excepting Referee Kasher's modification dated December 14, 1982, are superseded by this agreement and are null and void.

Signed at Philadelphia, Pennsylvania this 10th day of May, 1987.

BROTHERHOOD OF LOCOMOTIVE       NJ TRANSIT RAIL OPERATIONS

       ENGINEERS

(original signed by:)           (original signed by:)

R. Godwin                       J. S. Baker

General Chairman                Director-Labor Relations

Harold A. Ross

General Counsel

CONSOLIDATED RAIL CORPORATION

(original signed by:)

R. E. Swert

Vice President-Labor Relations

                                                Appendix 10

MMC Scope of Work

                                                                 October 5, 1987

Mr. R. W. Godwin, General Chairman

Brotherhood of Locomotive Engineers

97 South Buffalo Road

Hamburg, New Jersey  14075

Dear Sir:

This is in reference to our discussions concerning the scope of work to be performed by NJTRO Engine Service employees at the Meadows Maintenance Complex (MMC).

As we agreed, all movement of locomotives, outside the shop buildings, accrues exclusively to Engine Service employees.

Additional, it was agreed that the movement of equipment in and about the layover yard, the coach yard, the 11 KV yard, and the 25 KV yard shall accrue exclusively to Engine Service employees.  Notwithstanding, it was agreed that if a condition develops which requires the immediate move of equipment to or from the aforementioned yards, and no Engine Service employees are available at the MMC, mechanical forces, utilizing car movers, may move such equipment.

Finally, it was agreed that the movement of equipment, other than in the above locations, may be accomplished by shop forces utilizing car movers.

If the foregoing correctly reflects our understanding, please affix your signature in the space provided below.

Very truly yours,

(original signed by)

P. Sebron

Assistant Vice President

Human Resources

PS:js

I concur:

(original signed by:)

R. W. Godwin

Attachment: See page 84