Hey can you take a screen shot of the issue? I seem to have a little confusion for what you are describing. This is what I am showing as the menu bar: 
When I dock this bar to rail track it shows up just below the top title bar. So when.... huh, I have the tool bar locks on and I am able to move it...... is this what your are talking about?? I too seem to have it not docking/locking correctly.
I never noticed that. Why is there a tool bar lock if it does not lock the location?