Brotherhood of Locomotive Engineers

Seneca Division 659 - Buffalo, New York

174 Rebecca Park

Buffalo, New York 14207-1833

July 2, 2001

Mr. L. R. Fannon, Jr.

Terminal Superintendent

Norfolk Southern Corporation

300 Kennedy Road

Cheektowaga, New York 14227

Dear Mr. Fannon:

This regards our recent conversations concerning the timely granting of meal periods to road crews working in the Buffalo Terminal. Several employees have related to me your assertion that I conceded that the timely granting of meal periods is not grounded in rule or regulation. This is not correct and perhaps you misunderstood the gist of our conversation. While not as explicit as the articles governing meal periods for yard crews (not applicable in the Buffalo Terminal), several reasons exist for granting road crews meal periods at reasonable intervals during their tour of duty.

First of all, the inherent reasonableness of this is obvious. Proper nourishment at normal intervals is essential to good health and on-the-job alertness. In support of this basic human principle are provisions of New York State Labor Law, Section 162, and our mutual agreement – Article 42, Section 1, for the Nickel Plate territory. Both have been previously tested in New York State in the applicable legal venues. Their application to our particular work environment is not in question. Copies of both documents are enclosed for your reference.

Noting that this has not been a pervasive problem we ask, none-the-less, that you inform your subordinates of the carrier’s obligations in these regards. Your consideration is appreciated.

Sincerely yours,

/s/ R. H. Linsey

Robert H. Linsey

Local Chairman

Cc: Edward Roliczek

Samuel Nasca