Dear Mr. Pierce

This is in reference to our conference on June 29, 2007 wherein we discussed application of the "overtime after 8 hours" provisions of our March 28, 2005 and February 12, 2007 settlements concerning turn around service in the Superior, WI 10/5 Pool. In conference, we reached the following understanding.

Pursuant to our trip rate implementation letter date June 15, 2006, all engineers who perform non "flip rate" turn around service in the Superior 10/5 pool, Board 101, are to be paid a version A trip rate. However, any 10/5 crew performing turn around service in excess of 147 miles is to be paid the actual miles traveled above 147 under CA Code MS in addition to version A trip rate. It was understood in our conference today that our settlements of March 28, 2005 and February 12, 2007 are applicable to all turn around service in the Superior 10/5 pool. Accordingly, 10/5 pool engineers who perform non flip rate turn around service will be allowed "overtime after 8 hours" plus the applicable overtime extender regardless of whether or not they are also allowed an additional miles traveled under CA Code MS.

This understanding will be applicable going forward and to all similar and analogous claims properly processed for overtime after 8 hours in Superior 10/5 turn around service. If you concur with the above criteria, please signify your concurrence in the space provided below.


Randy Luther