Draft Copy - amended July 8, 2007 MEMORANDUM OF AGREEMENT ASSIGNED FREIGHT POOL - ASSIGNMENTS "A" & "B" THOMPSON SUB Limitation of agreed practice 1. This memorandum of agreement between CP Rail and the TCRC at Kamloops BC covers the establishment of assigned freight pool Assignments A & B from the home terminal of Kamloops to the away from home terminal of North Bend. 2. This local agreement is supplemental to the collective agreement and except as provided within this agreement the collective agreement will apply. Common language applicable to Assignments A & B 3. Work days, assigned rest day, four hour call window times for the two A crews and two B crews will be specified in Appendix A, copy appended to this agreement. 4. The provisions of this local agreement do not apply to freight pool crews ordered in combination straightaway service and/or turnaround service to relieve these assigned trains enroute. 5. If the assigned A and/or B crews work over ten hours they will be entitled to the $80.00 NR payment specified in the collective agreement. 6. If the assigned crew is cancelled or deadheaded the first freight pool crew used to work either trains 471 or 473 if at Kamloops and/or trains 470 or 472 if at North Bend will be entitled to the provisions of this local agreement. 7. Arbitrary EC & CT claims paid under this agreement will not be considered chargeable miles. 8. All miles earned by the assigned train crews will be excluded from the mileage check for the unassigned Thompson Sub Freight Pool. 9. When scheduling problems occur this agreement may be reviewed and altered by mutual agreement after consultation between the Company and the TCRC has taken place. 10. Permanent and temporary vacancies will be filled in accordance with the provisions of the collective agreement, local rules, seven-day board rules and any other agreed practices. Fixed rates applicable to Assignments A & B 11. If the crew of Assignment A and/or B are called in combination straightaway service, they will be paid the applicable fixed rate of 160 and/or 150 miles for this service. 12. If notice of rest has been served and Assignment A or B are relieved the following fixed rates apply. a. a fixed rate of 150 miles applies westward, an additionally payment of 10 miles applies if the crew is relieved west of Nepa/Coho on CN track. b. a fixed rate of 150 miles will apply eastward. Additional payments as provided for in the collective agreement will apply for all other work performed. 13. If assigned crew has not requested rest enroute but the CMC/NMC has ordered relief, the assigned crews will be paid a fixed rate of 150 miles plus 2 EC claims. Specific language for Assignment A 14. Assignment A will be comprised of two C-only crews working seven days per week and will be responsible to protect train 470 and/or 472 at North Bend within the four-hour call window specified in Appendix A. 15. If no connection can be made in Kamloops within the agreed upon four hour call window the assigned crew may be called to deadhead to North Bend for train 470/472. 16. When necessary the assigned crew should be called to deadhead to North Bend in time to ensure no delay to train 470/472 at North Bend. 17. If the assigned crew books rest at North Bend the crew will still work train 470/472 (even if outside of the call window) to Kamloops. Train 470/472 may have to be staged for crew rest at North Bend. Fixed rates for Assignment A - Train 470/472 18. A fixed rate of 150 miles plus at least 2 EC claims applies on assignment A train 470/472. 19. A fixed rate of 150 miles plus 2 EC claims applies on assignment A (470/472) when required to deadhead North Bend to Kamloops. 20. A fixed rate of 150 miles applies when required to deadhead from Kamloops to North Bend. 21. If train 470/472 is cancelled the following options apply: a. Cancel the crew at Kamloops and pay 100 miles deadhead to North Bend and 100 miles DH return to Kamloops. b. Work the first train ex Kamloops to North Bend within the agreed upon four hour window and then deadhead North Bend to Kamloops on arrival. Specific language for Assignment B 22. Assignment B will be comprised of two C-only crews working seven days per week and will be responsible to protect train 471 and/or 473 at Kamloops within the four-hour call window specified in Appendix A. 23. At North Bend the crew will be placed into the freight pool based on their call time out of Kamloops. Crews have the option to book rest at North Bend and will be called after rest expires. 24. Crew on Assignment B arriving at Boston Bar/North Bend will contact the CN change off crew. If a change off crew is not available within 20 minutes of arrival at the OMTS, the crew will contact the CN RTC for yarding instructions before securing their train. Payment will consist of a CT claim for one hour or actual time occupied if in excess of one hour. Fixed rates for Assignment B - Train 471/473 25. A fixed rate of 160 miles will be paid on Assignment B train 471/473 plus at least 2 EC claims. If train 471/473 runs ACOT the fixed rate will be adjusted to 150 miles. 26. A fixed rate of 150 miles and 2 EC claims applies to Assignment B when required to deadhead Kamloops to North Bend. 27. A fixed rate of 150 miles applies if assigned crew B is called to deadhead from North Bend to Kamloops. 28. If train 471/473 is cancelled the following options apply. a) Deadhead the crew to North Bend in their window and crew will be placed in the pool based on their call time out of Kamloops. b) Cancel the crew at Kamloops and pay the crew 100 miles deadhead to North Bend and 100 miles return deadhead to Kamloops. Cancellation Clause 29. This local agreement is effective _______________, 2007 and will remain in effect until cancelled by either of the parties with a thirty day written notice. Signed this ___ day of _____ 2007 ___________________________________ Mr. T. Litowski CPR Manager Operations ___________________________________ Mr. F. O'Genski TCRC - LC Conductors ____________________________________ Mr. E. DiCredico TCRC - LC Engineers This document Appendix A is in addition to Memorandum of Agreement between CPR and the TCRC for assigned freight pool assignments A & B at Kamloops BC. Appendix A Assignment B Train 471 and/or 473 Call window @ Kamloops 1100 - 1500 Call window @ North Bend crew will take turn in the Freight Pool Work and Rest Days Assignment B crew 1 - works seven days per week Assignment B crew 2 - works seven days per week Note: Crew B1 and B2 begin work at Kamloops on alternate days. Assignment A Train 470and/or 472 Call window @ Kamloops 1500 - 1900 (freight pool) Call window @ North Bend 0500 - 0900 (470/472) Work and Rest Days Assignment A crew 1 - works seven days per week Assignment A crew 2 - works seven days per week Note: Crew A1 and A2 begin work at Kamloops on alternate days.