MERGER IMPLEMENTING
AGREEMENT
between the
UI,VON PAC3FIC/MISSOURI PACIFIC RAILROAD COMPANY
CHICAGO AND NORTH WESTERN RAILWAY COMPANY
and the
UPCTED TRANSPORTATION UNION
In Finance Docket No. 32123, the Interstate Commerce Commission (ICC) approved
the acquisition and control of the Chicago and North Western Raitway Company (CNW)
by the Union Pacific/Missouri Pacific Railroad Company (Union Pacific or UP). In order
to achieve the benefits of operational changes made possible by the transaction and to
modify pretransition labor arrangements to the extent necessary to obtain those benefits,
IT IS AGREED:
1. Seniority and Work ConsQUAlml. To achieve the work efficiencies and
allocation of forces that are necessary to make the merged Carrier operate
efficiently as a unified system, the following seniority consolidations will be made:
A. St. Louis, MIJ%wd
1. (a) The CNW employees assigned to CNW yard assignments at
Madison, Illinois, on September 1, 1995, including any extra
board assignments, will be placed on the bottom of Missouri
Pacific (MP) Merged Roster No, I and will have prior rights to
the former CNW regularly assigned yard assignments at
Madison. Should those former CNW assignments be
abolished or consolidated with other MP assignments, the
former CNW employees will have no prior rights, Any newly
established assignment will not be subject to prior rights. The
Carrier will not be required to assume any additional costs in
the application of the prior rights requirement, including not
having to use prior rights employees at the overtime rate of
pay when non-prior rights employees are available at the
straight time rate of pay,
(b) Both MP employees and former CNW employees may work all
assignments covered by Merged Roster No. I and may work
all assignments protected by the MP St. Louis extra board. All
employees and all assignments will work under the MP
Agreement all in accordance with the employees' seniority on
Merged Roster No. 1 , subject to prior rights.
NOTE: Prior rights will not apply to assignments on nor
operation of the MP Merged Roster #1 extra board at
St. Louis.
2. (a) The CNW employee(s) assigned to the Monterey Mine
assignment on September 1, 1995, will be placed on the
bottom of the Chicago and Eastern Illinois (C&EI) road roster
at St. Louis and will have prior rights to the Monterey Mine
assignment, if regularly asigned. Should ths assQnaient be
abolished or consolidated with other C&EI assignments, the
former CNW employee(s) will have no prior rights. Any newly
established assignment will not be subject to prior rights. The
Carrier will not be required to assume any additional costs in
the application of the prior rights requirement, including not
having to use the prior rights employee at the overtime rate of
pay when a non-prior rights employee is available at the
straight time rate of pay.
(b) Both C&EI and the former CNW employee may work the
Monterey Mine Assignment, may work all assignments covered
by the C&EI road roster and may work all assignments
protected by the C&EI extra board at St. Louis. All employees
and all assignment will workunder the &EI Agreement all A
accordance w1ith the employees' seniority on the C&EI road
roster at St. Louis, subject to prior rights.
NOTE: Prior rights vAll not apply to assignments on nor
operation of the C&EI extra board at St. Louis.
3. (a) The number of employees assigned to work South Pekin,
Illinois, to St. Louis (in through freight only, excluding power
plant operabons) on September 1, 1995, will be transferred to
St. Louis and will be placed on the bottom of the C&EI road
roster at St. Louis and vAH have prior rights to a maxiaturn of
three positions in the new St Louis to Chicago/South Pekin
pool, Any newly established assignments will not be subject
to prior rights. The Carrier will not be required to assume
additional costs in the application of the prior rights
requirement inclucling the use of a prior right employee at the
overtime rate of pay when a non-prior rights employee is
available at the straight time rate of pay.
(b) Both C&EI employees and former CNW employees may work
all assignments in the new SL Louis to Chicago/South Pekin
Pool, may work all assignments protected by the C&EI road
roster(including the Monterey Mine assignment) and may work
all assignments protected by the St. Louis extra board
(including the Monterey Mine asignment). All employees and
all assignments will work under the C&EI Agreement all in
accordance with the employees'seniority on the C&EI roster
at St. Louis, subject to prior rights.
NOTE: Prior rights vAll not apply to assignments on nor
operation of the C&EI extra board at St. Louis.
B. Kansas City, Missouli
1 (a) The CNW employees assigned to CNW yard assignments at
Kansas City on September 1, 1995, will be placed on the
bottom of the MP Consolidated Roster and will have prior
rights to the former CNW yard assignments. Should those
former CNW assignments be abolished or consolidated with
other MP assignments, those former CNW employees will
have no prior rights. Any newly established assignments will
not be subject to prior rights. The Carrier will not be required
to assume adcribonal costs in the application of the prior rights
requirement, including the use of a prior rights employee at the
overUme rate of pay when a non-prior rights employee is
available at the straight Ume rate of pay.
(b) Both MP employees and former CNW employees may work all
assignments covered by the Consolidated Roster and may
work all assignments protected by the Consolidated Roster
extra boards, All employees and all assignments will work
under the MP Agreement all in accordance with the
employees' seniority on the Consolidated Roster, subject to
pdor rights.
NOTE: These prior rights will not be applicable to
assignments on nor operation of the two MP extra
boards at Kansas City.
2. (a) The number of CNW employees assigned to road service work
between Kansas City and Des Moines (currently
headquartered at Kansas City) on September 1, 1995, and
the CNW employees on the CNW extra board at Kansas City,
will all be placed on the bottom of the MP Consolidated Roster
and will have prior rights to their percentage in the new
Kansas City to Omaha Metro Complex (OMC)/Des Moines
pool. The percentage will be as follows: 50% for the MP
Consolidated Roster and 50% for the former CNW employees.
The percentage for the former CNW employees need not be
maintained as those employees attrite or are unavailable. Any
newly established assignments will not be subject to prior
rights. The Carrier will not be required to assume additional
costs in the application of the prior rights requirement,
including the use of a prior rights employee at the overtime
rate of pay when a non-prior rights employee is available at
the straight time rate of pay.
NOTE: These prior rights will not be applicable to
assignments on nor operation of the MP extra boards
at Kansas City.
(b) Both MP employees and former CNW employees may work all
assignments in the Kansas City to OMCIDes Moines pool, may
work all assignments protected by the MP Consolidated
Roster, and may wod( aH assignments protected by the MP
Consolidated Roster extra boards, All employees and all
assignments will work under the MP Agreement all in
accordance with the employees'seniority on MP Consolidated
Roster, subject to prior rights.
C. Chicago, Illinois Comp-lu
1 . A new consolidated Chicago Terminal Complex (CTC) seniority roster
will be established to protect all non-through freight yard or extra
board assignments headquartered within the CTC, The CTC is
defined in Article 111,
2. The new CTC seniority roster will consist of the following employees:
(a) All C&EI employees working in Chicago on September I
1995;
(b) All CNW employees on the Chicago Freight Terminal #7
Roster;
(c) The number of CNW Eastern #1 employees working in
Chicago on September 1, 1995; and,
(d) The number of CNW Northeastern #2 employees working in
Chicago on September 1, 1995.
NOTE 1: Vorking in Chicago" is defined as holding an
assignment (non-through freight, yard, or extra board)
with an on-duty point within the territory of the new CTC
as defined in Article 111,
NOTE 2: One Eastern-1 extra board employee for each
four Eastern-1 employees transferred to the CTC and
one Northeastem-2 extra board employee for each four
Northeastern-2 employees transferred to the CTC will
also be transferred to the new CTC roster.
3. (a) Employees identified in Paragraph 2, above, will be placed on
the new CTC seniority roster in the following manner:
(1) Employees identified in 2(a), (c) and (d), above, will be
dovetailed based upon the employee's train service
date. If this process results in employees having
identical seniority dates, seniority will be determined by
the employee's service date.
(2) The dovetailed list in (1), above, will be placed on the
bottom of the CNW Chicago Freight Terrninal #7 Roster
creating the new CTC roster.
(b) Each employee placed on the new CTC roster will be provided
prior rights to their former work now included in the CTC.
Current asignments retained in the new CTC will not be
rebulletined, Should any former assignments subsequently
be abolished or consolidated with other CTC assignments,
there will be no prior rights to those assignments. Any newly
established assignments will not be subject to prior rights, The
Carrier will not be required to assume additional costs in the
application of the prior rights requirement, including the use of
a prior rights employee at the overtme rate of pay when a non-
prior rights employee is available at the straight time rate of
pay. The new CTC seniority roster will indicate prior rights in
the following manner:
NOTE: Prior rights will not apply to assignments on nor
operation of the CTC extra board.
EXAMPLE (assumes rover only has five people on it):
Prior Rights to which Assignments
Roster Chicago Northm
Name Ranking Freight Eastern#1 Eastern#2 CHI
Termlnal#7
Jonev it #1 X
Smith, L. #2 X
Ames, G. #3 X
-Bailey, T. #4 X
Moore, K. #5 X
(c) All employees placed on the CTC roster may work all
assignments protected by the new CTC roster and may work
all assignments protected by the new CTC, extra board. All
employees and all assignments will work under the CNW
Agreement all in accordance with the employee's seniodty on
the new CTC roster, subject to prior rights,
(d) New employees hired and placed on the CTC, roster
subsequent to the adopbon of the CTC will be governed by the
CNW collective bargaining agreement but will have no prior
rights to any assignments within the CTC; will have no rights
to any CNW Eastern #1 9 CNW Northeastern #2 nor C&EI
asignments outside of the CTC; wHI rank below all prior right
employees on the roster and will have seniority to all
assignments headquartered within the CTC,
D, Qmaha
I . UP/UTU Roster #1 will be expanded to protect all assignments
headquartered within the Omaha Metro Complex (OMC) or which
have the OMC as the source of supply. The OMC is defined in
Article Ill.
2. The new UP/UTU Merged Roster #1 will consist of the following
employees:
a. All UP employees on the current UP/UTU #11;
b. All CNW employees assigned to work behyeen the 0MC and
Worthington, Minnesota (including assignments at Sioux City,
Iowa; Sergeant Bluff, Iowa; and Dakota City, Iowa) on
September 1, 1995;
NOTE: "Assigned to work between Worthington,
Minnesota and the OMC* is defined as holding an
assignment ahrough freight, non-through freight, yard
or extra) with an on-duty point within the territory
between Worthington and the OMC.
C. All CNW employees working an assignment headquartered
within the OMC on September Is 1995;
NOTE 1: NWorking an assignment headquartered
within the OMCw is defined as holding an assignment
(non-through freight, yard or extra board) with an on-
duty point within the territory of the OMC,
NOTE 2: nWorking an assignment headquartered
within the OMC6 is also defined as the CNW
assignments working to Norfolk, Nebraska., from
Fremont, Nebraska, and the CNW assignment at
Norfolk.
de The number of CNW employees assigned to work on the east-
west main line between the OIVIC and Clinton, Iowa, on
September 1, 1995,
NOTE 1 @Assigned to work on the east - west main line
between Clinton and the 01VIC" is defined as those
through freight assignments with either Clinton or
Boon% lowa, as the preimplementation home terminal
and with either Boone, Clinton, Fremont or Council
Bluffs as the preirnplementation away-from-home
terminal. Pre-implementabon extra board assignments
at Clinton and pre-implementation extra board
assignments at Boone are also included in this
dennIon.
NOTE 2: One extra board employee from the Boone
extra board for each three Boone through freight
service employees transferred to UP/UTU Merged
Roster #1 will also be transferred to UP/UTU Merged
Roster #11.
NOTE 3: One extra board employee from the Clinton
road service extra board for each three Clinton through
freight service employees transferred to UP/UTU
Merged Roster #1 will also be transferred to UP/UTU
Merged Roster #11.
3. (a) Employees identified in Paragraph 2, above, will be placed on
the new UP/UTU Merged Roster #1 in the following manner:
(1) Employees identified in 2(b), (c) and (d), above, will be
dovetailed based on the employee's train service date.
If this results in employees having identical seniority
dates, seniority will be determined by the employee's
Company service date.
(2) The dovetailed list in (1), above, will be placed on the
bottom of the UP/UTU Roster #11.
NOTE 1: Employees affected by the dovetailing
of seniority in 3(a), above, will be transferred to
the OMC in accordance with operational needs.
NOTE 2: All CNW employees placed on the
bottom of tJPAJTIJ Roster #1 will also be placed
on the bottom of all rosters, both road and yard,
that comprise Zone 100,
(b) Each employee placed on the new UP/UTU Merged Roster #1
will retain their current assignment (if operated) and will be
provided prior rights. Prior rights will also include the new
operations established in accordance with Article III, Section
A, Paragraph (1), but prior rights will not apply to assignments
on nor opemllion of he UP exha boards at the OMC. Should
any former CNW assignment be abolished or consolidated
with UP asignments, the former CNW employees will have no
prior rights to those assignments. Any newly established
asignmews; wHI not be subject to prior rights. The Carrier will
not be required to assume additional costs in the application
of the prior rights requirement, including the use of a prior
rights employee at the overtime rate of pay when a non-prior
rights employee is available at the straight time rate of pay.
The UP/UTU Merged Roster #1 seniority roster will indicate
prior rights in the following manner:
EXAMPLE (assumes only five people on the roster):
Prior Rights to which Assignments
Roster UP/UTU CNW withe CNW w CNW
Name Ranking Roster#1 In OMC 01VIC to East/West
Worth'ton Main Line
ONE NONE
Brown, J. #1 X
Green, S. #2 X
Black, C. #3 X
White, P. #4 X
Blue, FL #5 X
(c) AJI employees placed on the UP/UTU Merged Roster #1 may
work all assignments (regular or extra) protected by the new
roster. All employees and all assignments will work under the
UP Agreement in accordance with the employee's seniority on
the new roster, subject to prior rights.
(d) New employees hired and placed on the new UP/UTU Merged
Roster #1 subsequent to the adoption of this agreement will be
governed by the UP AgreemenL txA will have no prior rights to
any assignment protected by the new roster, YAII rank below all
prior rights employees on the roster and will have seniority
rights to all assignments protected by the new roster.
4. (a) The expanded UP/UTU Merged Roster #1 will enable the
Carrier to address necessary operational efficiencies and
economies in the territory and on the following trackage: the
existing UP/UTU Seniority District #11; the OMC as defined in
Article 111; the east-west main line from the OMC to Clinton,
including the trackage from Des Moines to Mason City; and the
north-south main line from the OMC to Worthington,
Minnesota, including the trackage to Dakota City.
(b) The inclusion of the trackage OMC to Clinton and the trackage
Des Maines to Mason (>toy will not preclude employees from
other seniority districts from performing service on that
trackage.
E. Eldsmest
I A new CNW Midwest seniority roster will be created to address
necessary operational efficiencies and economies on the following
lines: Mason City, Iowa, to Butterfield, Minnesota; Allendorf, Iowa,
to Briceland, Iowa; Hartley, Iowa, to Goldfield, Iowa; Forest City,
Iowa, to Belmond, Iowa; Kanawha, Iowa, to Belmond, Iowa; Dows,
Iowa, to Cladon, Iowa; Mason City, Iowa, to Somers, Iowa; Eagle
Grove, Iowa, to Ames, Iowa; Ellsworth, Iowa, to Jewell, Iowa;
Mallard, Iowa, to Grand Junction, Iowa; Albert City, Iowa, to Rolfe,
Iowa; Royal, Iowa, to Laurens, Iowa; Coulter, Iowa, to Clarksville,
Iowa; Iowa Falls, Iowa, to Alden, Iowa; Oelwein, Iowa, to Waterloo,
Iowa; Marshalltown, Iowa, to Steamboat Rock, Iowa; Marshalltown,
Iowa, to Powerville, Iowa; Marshalltown, Iowa, to Albia, Iowa;
Hampton, Iowa@ to Sheffield, Iowa; Des Moines, Iowa, to Yale, Iowa;
Des Moines, Iowa, to Woodward, Iowa; and Des Moines, Iowa, to
Bondurant, Iowa. In addition, trackage from Des Moines to Mason
City and trackage from Grand Juncfion to CUnton in included in the
new Midwest seniority district
2, The new Midwest Seniodty District will consist of the following
employees:
(a) The number of CNW Southern #3 employees working in the
Widwest terdtory on September 1, 1995 (less those transferred
to other districts in accordance with this Agreement);
(b) The number of CNW Central #5 employees working in the
Midwest terdtory on September 1. 1995 (less those transferred
to other distdcts in accordance with this Agreement).
NOTE : '"Working in the Midwest territory" is defined as
holding an assignment (through freight, non-through
freight, yard or extra board) with an on-duty point within
the territory of the new Midwest seniority district.
3. (a) Employees identified in Paragraph 2, above, will be placed on
the new Midwest seniority roster based upon the employee's
train service seniority date. If this process results in
employees hav[ng identical seniodty dates, seniority ranking
will be determined by the employees'Company service dates.
(b) All employees placed on the new Midwest seniority roster may
work all assignments (regular or extra) protected by the
Midwest roster. All employees and all assignments will work
under the CNW (proper) Agreement.
4. The inclusion of the trackage Grand Junction to Cedar Rapids and
Des Moines to Mason City will not preclude employees from other
seniority districts from performing service on that trackage,
F. Seniority and Service Rights
The following will apply to employees transferring from CNW to UP (Sections
A, B and D of this Article 1) and to employees transferring from UP to CNW
(Section C of this Article 1):
(a) All train service seniority with the employees' original railroad
will be eliminated;
(b) Seniority with the employees' new railroad will be established
in accordance with the provisions of this Article 1; and,
(c) The employees will be treated for vacation, entry rates and
payment of arbitrates as though all their time in train service
on their original railroad had been performed on their new
railroal
(d) Employees with engine service seniority on their original
railroad will forfeit that seniority, Engine service on the
employees' new railroad will be established either following
the same relative stand'ing as on the original railroad or as
provided for in the UTU National Agreement
NOTE: Subparagraph (d) is contingent upon the
implementing agreement for the other operating craft
organization.
(e) The seniority consolidations provided for in this Article I will
result in the eliminabon of CNW Southern #3 seniority district.
CNW Freight Terminal #7 and the C&EI Chicago Yard
seniority districts will also be eliminated and made part of the
new CTC seniority district. The UP/UTU Seniority District #1
will also be eliminated and will become the basis for the new
UP/UTU Merged Roster #1 seniority district.
(f) CNW employees placed on the bottom of a C&EI or MP roster
under Sections A and B of this ArUcle I will be placed on the
roster in the same seniority order they held on the CNW.
(g) After the initial placement on a new roster in accordance with
the procedures set forth in ArUcle V, below, no additional
employees hired prior to the date of this Agreement will be
permitted to place on another roster under the provisions of
this Agreement.
IL New Operations
A. The following new operations may be implemented in accordance with the
provisions set forth in this Arficle II:
(1) Under the UP Agreement with the OMC as the home terminal: OMC-
Clinton, OMC-Boone, OMC-Arnes, OMG-Nevada, OMC-Des Moines,
OMC-Mason City, OMC- Worthington, OMG-Sioux City, OMC-
Sergeant Bluff, OMC-North Platte, OMC-Grand Island (includ'ing the
"pickera pool) and OMC-Marysville.
NOTE: The current North Platte-Fremont and North Platte-
Council Bluffs doubWheaded intercfivisional pools will cease
operations (with the understancring these pools may be re-
established by the Carrier) when replaced by an OMC-North
Platte and North Platte-OIVIC operation,
(2) Under the UP Agreement with Boone as the home terminal: Boone-
Clinton,
(3) Under the MP Agreement with Kansas City as the home terminal:
Kansas City-OMC/Des Moines.
NOTE: This WH be a single pool with alternative destinations
(see Article 1, Section B3).
(4) Under the C&EI Agreement with St. Louis as the home terminal: St.
Louis - Chicago/South Pekin.
NOTE 1: This will be a single pool with alternative
destinations (see Article 1 , Section A3),
NOTE 2: The current St Louis-Chicago operation is a
guaranteed pool. The guarantee and outset adjustments for
the new pool operation will be paid and adjusted in
accordance w4h Side Letter #1 of the Villa Grove
Interdivisional Run Arbitration Agreement.
(5) On the territory covered by the CNW Agreement:
(a) Twin Cities (home terminal) to Worthington (far terminal);
(b) Any Midwest Seniority District location to any other Midwest
Seniority District location;
(c) Waukegan (home terminal) to Cinton (far terminal) with
Waukegan as the on-duty point/off-duty point and transported
to firorn the power plants at Waukegan and Pleasant Prairie.
NOTE: Employees working in the Waukegan-Clinton
pool freight service will be from both CNW Eastern #1
and CNW Northeastern #2. The equalization for the
pool will be 71% for Eastern #1 and 29% for
Northeastern #Z Either road extra board may be used
to fill any vacancy In the pool or to perform hours of
service relief,
(d) South Pekin (home terminao to Crinton; and,
(e) Chicago (CTC) (home terminao to Clinton/South Pekin,
NOTE: CTC to Clinton/South Pekin will be a single
pool with alternative destinations,
B. The terms and conditions of the new operations set forth in Section
A, above, are as follows:
1 Miles Run - The miles paid shall be the actual miles run..
Actual miles run to/from the OMC will be calculated in
accordance with the chart found in Attachment A.
2. Basic Day/Rate of Pay - The provisions of the November 1
1991, Implementing Agreement (UTU) will apply, to include
applicable entry rates.
3. Overtime - Overtime will be paid in accordance with Article IV
of the November 1, 1991 , Implementing Document (UTU).
4. Transportation - Transportation will be provided in accordance
with Section (2)(c) of Article IX of the October 31, 1985,
National Agreement (UTU),),
5, Meal Allowance and Eating Enroute - Meal allowances and
eating enroute will be governed by Section 2(d) and Section
(2)(e) of Article IX of the October 31 s 1985, National
Agreement (UTU), as amended by the November 1, 1991,
Implementing Agreement,
6. Suitable Lodging - Suitable lodging will be provided by the
Carder in accordance with applicable agreements as ident.ified
in Article 11,
7. Held-away-from-home terminal time will be up to a maximum
of eight (8) hours in every twenty-four (24) hour period
beginning after the first sixteen (16) hours.
8, All through freight service will be rotary pool freight service
with blue print board provisions for placing employees in the
proper order at the home terminal and at the far terminal.
Under a blue print board operaflon, employees are not run-
around if used on the train for which called,
NOTE 1: Item 1137, above, will not apply to the OMC-
North Platte nor the North Platte-OMC operation. The
traditional HAHT payment for that operation will
continue to apply.
NOTE 2: Item B2, above, will reflect the CNW rate of
pay for those new operations governed by the CNW
Agreement.
C. WoM Uains, local and road swiWher senvice may be established to operate
in turnaround service or to operate from any location to any other location
within any seniority territory outlined in Article 1. Should this service be
desired by the Carder and the desked service would cross seniority lines,
such service may be implemented upon a five (5) day notice by the Carder
to the involved General Chairmen. The service will be manned by
employees from the seniority territory where the home terminal of the
assignment is located. The involved local chairmen may make
arrangement for the equalization of work; however, such equalization must
be cost neutral to the Carrier.
D. All pool freight and all other road service crews may receive and/or leave
trains anywhere within the boundaries of the terminal of their runs in
accordance Y41 the provisions of all national agreements.
NOTE: "Anywhere within the terminal' is defined to include the CTC
and OMC as those complexes are defined in Article III and to
include the consolidated terminals of St. Louis, Kansas City
and South Morrill,
E. I . Turnaround service/Hours of Service reflef for the new operations
listed in Section A, above, may be performed as follows:
(a) When crews are heading toward the home terminal, the
protecting extra board may be used.
(b) When crews are heading toward the far terminal, an extra
board at that terminal, if available, may be used in any
crirection out of the extra board point The first-out away-from-
home terminal crew also may be used,
NOTE 1: Crews used for this service, whether extra or
in the pool, may be used for muftiple Odogcatches"
during a tour of duty.
NOTE 2: When the first-out away-from-home terminal
crew completes this service, the crew may be used for
either a through train or for additional turnaround
service/Hours of Service relief. Any crew used for two
consecutive turnaround service/Hours of Service relief
Jobs will be placed first out after rest for a trough vain
or deadheaded back to the home terminal.
2. Nothing in this Section E prevents the use of other employees to
perform work currently permitted by other agreements, including, but
not limited to, yard crews performing hours of service relief within the
road/yard zone, ID crews performing service and deadheads between
terminals, traveling switch engines (TSE's) handling trains within their
zones and using an employee from a following train to work a
preceding train.
F. 1. The new operations listed in Section A. above, may be implemented
separately, in groups or collectively, upon five (5) days' notice by the
Carrier to the involved General Chairman,
2. The new operations listed in Section A, above, may be run by the
Carrier in pool service, extra service or any other type of service
necessary to meet the demands of the service and/or to meet
customer requirements.
Ill. Terminals/Complexes
A. The following terminal and complex consolidabons will be implemented on
the Implementabon Date of this Agreement in accordance with the provisions
set forth in this Article Ill:
t Kansas CAY
(a) irhe existing switching limits at Kansas City will now include
the CNW rail line to CNW Mile Post 500.3.
(b) All road crews (MP, including former CNW, and UP) may
receivefleave their trains at any location within the boundaries
of the new Kansas City Consolidated terminal and may
perform work anywhere within those boundaries, The Carrier
will designate the on/off duty point(s) for road crews,
(c) All yard assignments in the new consolidated Kansas City
terminal will be governed by the MP Agreement and manned
by MP employees from the MP Consolidated Roster, subject
to the prior rights requirement of Article 1.
(d) AJI rail lines, yards and/or sidings within the new consolidated
Kansas City terminal will be considered as common to all
crews working in, into and out of Kansas City. All crews will be
permitted to perform all permissible roadlyard work.
interchange rules are not applicable for intra-carrier moves
within the consolidated terminal.
2. VIA2
(a) The existing switching limits at SL Louis will now include the
CNW rail line to CNW Mile Post 144.
(b) All road crews (MP and C&EI, including former CNW) may
receivetleave their trains at any location within the boundaries
of the new St. Louis consolidated terminal and may perform
work anywhere within those boundaries. The Carrier will
designate the on/off duty point(s) for road crews.
(c) All yard assignments in the new consolidated SL Louis
terminal will be governed by the MP Agreement and manned
by MP employees from MP Merged Roster #1, subject to the
prior rights requirement of Article 1.
(d) All rail lines, yards and/or sidings within the new consolidated
SL Louis terminal will be considered as common to all crews
working in, into and out of SL Louis. All crews will be
permitted to perform all permissible road/yard moves.
Interchange rules are not applicable for intra-carder moves
within the consolidated terminal,
C, Chig= Terminal Complu
I . The new consolidated Chicago Terminal Complex (CTC) will be the
entire area within and including the following trackage:
Waukegan (CNW Mile Post 41.0 on the Kenosha Branch)
southwest paralleling the EJE rail line to Geneva (CNW Mile
Post 41.0 on the Geneva Subdivision), continuing on a parallel
with the EJE line south through Normantown and East Joliet
through Brisbane, Matteson, Chicago Heights (south to the
current southern boundary of Mile Post 30.0 on the C&EI) to
Gdffith, then north on a parallel with the EJE through Van Loon
and Ivanhoe, and then east paralleling the EJE line through
Kirk and Gary Yard.
2. All road crews (CNW and C&EI) may receive/leave their trains at any
location within the boundaries of the new CTC and may perform any
work anywhere within those boundaries. The Carrier will designate
the on/off duty point(s) for road crews.
3. All yard and non-through freight assignments headquartered within
the CTC will be governed by the CNW Agreement and manned by
employees from the new CTC seniority roster, subject to the prior
rights requirements of Article 1,
NOTE: This provision will not be applicable to C&EI non-
through freight road assignments headquartered within the
CTC which operate onto C&EI road territory.
4. All rail lines, yards and/or sidings within the new CTC will be
considered as common to all crews working in, into and out of the
CTC. All crews will be permitted to perform all permissible road/yard
moves. Interchange rules are not applicable for intra-carrier moves
within the CTC,
D. Omaha Metro Complex
I . The new consolidated Omaha Metro Complex (OMC) will be the
entire area within and including the following trackage:
Fremont (UP Mile Post 44.75 - west) to Omaha/Council Bluffs (UP
Mile Post 473,11 - south) to Missouri Valley (CNW Mile Post 327.2 -
east) and return to Fremom At California Junction, trackage north to
CNW Mile Post 10.2 will be included,
NOTE: The Omaha Metro Complex described above is part of
the larger UP/UTU Merged Roster #1 seniority district
described in Article 1,
2. All road crews (UP, including former CNW, and MP) may
receive/leave their trains at any location within the boundaries of the
new complex and may perform any work within those boundaries.
The Carrier wiH designWe the on/off duty point(s) for road crews.
3. All yard and non-through heQht assignments headquartered within
the complex will be governed by the UP Agreement and manned by
employees from the new UP/UTUI Merged Roster #1 seniority district,
subject to the prior rights requirement of Article 1.
4. All rail lines, yards and/or sidings within the new complex will be
considered as common to all crews working in, into and out of the
complex. All crews will be permitted to perform all permissible
road/yard moves. Interchange rules are not applicabe for intra-carrier
moves within the complex.
5. In addition to the consolidated complex, the UP terminal at
Omaha/Council Bluffs and the CNW terminal at Council Bluffs will be
consolidated into a single terminal controlled by UP, The existing UP
switching limits at Omaha/Council Bluffs will now include the CNW
rail line to CNW Mile Post 345.0.
E. South M=0
I . South Morrill will be a consolidated terminal with the following
boundaries: UP Mile Post 156.8 to UP Mile Post 166.0. All road
crews (UP and CNW) may receive/leave their trains at any location
within the boundaries of the consolidated South Mordll Terminal and
may perform any work anywhere within those boundaries.
2. The follovAng will be applicable to achieve efficient operations in and
around the common UP/CNW terminal of South Morrill, Nebraska:
(a) UP crews (destined North Platte or Cheyenne) may receive
their trains up to thirty (30) miles westward on the CNW from
their exisfing far terminal of South Morrill. CNW crews
(destined Bill) may receive their trains up to thirty (30) miles
eastward on the UP (toward North Platte) or westward on the
UP (toward Cheyenne) from thelir existing far terminal of South
Morrill.
(b) The thirty (30) miles listed in (a), above, will run east from UP
mile Post 156.8 to UP Mile Post 126.8 and will run west from
UP Mile Post 166.0 to CNW Mile Post 24.8 and UP Mile Post
19&0,
(c) Crews relieving trains or extra crews called for this service
may also perform all work in connection with the train
regardless of where the train is received.
(d) Crews performing this service will be paid the actual miles run.
(e) Initial terminal delay for crews performing this service will be
governed by the applicable collective bargaining agreements
and will not again commence when the crew operates into
South Morrill. For the operation back through South Morrill,
South Morrill will be considered an intermediate point.
(f) Departure and/or terminal runarounds will not apply for crews
arriving/departing South Morrill under this Secfion,
3. Nothing in the Section E prevents the use of other employees to
perform work currently permitted by other agreements, including, but
not limited to, TSE's handling trains within their zone, an employee
from a following train to work a preceding train and the CNW extra
board at South Morrill to perform service in all directions on both
CNW and UP trackage,
F. General Conditions for Terminal/Complex OpecaLim
1 Initial delay and final delay at Kansas City and St Louis terminal and
at the Chicago and Omaha complexes will be governed by the
applicable collective bargaining agreements, including the Duplicate
Pay and Final Terminal Delay provisions of the 1985s and 1991
NaUonal Agreements.
2, Employees will be transported to/from their trains to/from the
designated on/off duty point,
3. The current application of Nabonal Agreement provisions provides for
the following regarding work and Hours of Service refief under the
Combined Road/Yard Service Zone, which shall confinue to apply:
(a) Yard crews at Kansas City and St Louis may perform such
service in all directions out of the new consolidated terminals.
(b) Yard crews at the CTC may perform such service in all
directions out of individual yards (switching limits) within the
complex.
(c) Yard crews at the Omaha Metro Complex may perform such
service in all directions out of the individual yards (switching
limits) within the complex.
4. Nothing in this Section F will prevent the use of other employees to
perform this work and/or relief in any way permitted by applicable
agreements.
IV, WA Boards
A. Terminals/Complexas
1. Kansas CO, -
The current MP consolidated roster extra board (yard) will protect the
work in the consolidated terminal. The current MP consolidated
roster extra board (road north) will protect the Kansas City - OMC/Des
Moines operation. This service for these extra boards is in addition
to other service protected by these extra boards.
2. St. Louis -
The current Merged Roster #1 extra board will protect the work in the
consolidated terminal. The current C&EI road extra board at St. Louis
will protect the Monterey Mine and the St. Louis - Chicago/South
Pekin operations. This service for these extra boards is in addition
to other service protected by these extra boards,
3. Chicago Consolidated Complex -
The current CNW Chicago Freight Terminal #7 extra board will
become the CTC extra board and will protect the work (yard and non-
through freight) within the CTC, including former C&EI, Eastern #1
and Northeastern #2 work. This service is in addition to any other
service protected by that extra board. Prior rights will not be
applicable to positions on or operation of this extra board.
4, Omaha Metro Complex -
The current UPAJTU Seniority District #1 oorytination extra board will
protect the work in the complex and all assignments headquartered
within the complex, including the new operations provided for in
Article 11. This service for this extra board is in addition W other
service protected by this extra board.
5. Outlying Points
(a) The Carder my establish extra boards at locations governed
by the UP Agreement on the new OMC seniority territory. The
locations may include, but are not limited to, Boone, Clinton
and Sioux City.
(b) The Carder may establish extra boards at locations governed
by the CNW Agreement on the new Midwest seniority territory.
The locations may include, but are not limited to, Boone,
Mason CHI, Eagle Grove and EsthenAlle.
B. Nothing in this Article IV will prevent the use of other employees to perform
this work in any way permitted by applicable agreements,
V. Implement
A. The Carrier will give at least forty (40) days'written notice of its intent to
implement this Agreement.
B. 1. Concurrent with the serving of its notice, the Carrier will post a
description of those new merged seniority districts which will require
former CNW employees to make a seniority election. Those seniority
districts are MP ConsolidatecL C&El road roster at St. Louis, the new
CNW Chicago Terainal Complex@ the new UP Ornaha Metro Complex
and the new CNW MidwesL
2. The Carder will determine the number of employees to be transferred
to those new rosters in accordance with Article 1.
3* Fifteen (15) days after posting of the informabon described in B.
above, the appropriate Directors of Labor Relations, General
Chairmen and Local Chairmen will convene a workshop to Implement
assembly of the merged seniority rosters. Employees on a roster
from where work is being transferred will be canvassed, in seniority
order for each roster, and required to make an election as to which
roster the employees wishes to be transferred or whether the
employee wishes to remain on the current roster, (Staying Wil not be
possible on those rosters which are being eliminated,) Positions on
the new roster YAII be awarded on the basis of the employee's engine
service seniority. Failure or rel'usal of an employee to make an
election will result in the Carrier making the assignment for the
employee.
4. At the end of the workshop, which will last no more than flve (5) days,
the participants will have NnaHzed agreed-to rosters which J11 then
be posted Kr information and protest in accordance with the
applicable agreements. If the participants have not finalized agreed-
to rosters, the Carriers will prepare such rosters, post them for
information and protest, will use those rosters in assigning positions
and will not be subject to claims or grievances as a result.
C. Once rosters have been posted, the Carder will bulletin all positions covered
by this agreement which require rebulletining for a period of five (5) calendar
days. Employees may bid on these bulleUned assignments in accordance
with applicable agreement rules, However, no later than 1 0 (ten) days after
the closing of the bulletins, assignments will be made.
D. After all assignments are made, employees assigned to positions which
require them to relocate will be given the opportunity to relocate within the
next thirty (30) day period. During this period, the affected employees may
be allowed to continue to occupy their existing positions, If required to
assume duties at the new location immediately upon implementation date
and prior to having received their thirty (30) days to relocate, such
employees will be paid normal and necessary expenses at the new location
until relocated, Payment of expenses will not exceed thirty (30) calendar
days.
2. The Carder may, at its option, elect to phase-in the actual
implementation of this Agreerneft Employees will be given ten (1 0)
days' notice of when their specific relocation/reassignment is to occur.
VI. Protectlon
lo Employees who are adversely affected as a result of the
implementation of this Agreement will be entitled to the employee
protection provided for in the New York Dock Conditions.
2. Employees currently eligible for other protective benefits must elect
between those benefits and the benefits provided by this Agreement
This election must take place within ten (10) days after the adverse
affect. No benefits will be paid until the employee has made an
election.
3. There will be no pyramiding of benefits.
4. Health and Welfare benefits will be provided in accordance with the
provisions of the applicable collective bargaining agreement.
VII, FamIllarization
Employees will not be required to lose time or "ride the road' on their own Urne in
order to quality for new operations. The Carrier will determine the number of
familiarization trips needed and may use high-rails to familiarize employees over
a new territory. Issues concerning individual qualifications should be handled with
local operating officers.
Vill. Conflict of Agreements
Should the provisions of any UTU Collective bargaining agreement conflict with the
terms and intent of this Agreement, this Agreement will apply.
The Carrier may serve the required notices at any after the date of this
Arbitration Award, Dated this day of 19SL.
John J. Mikrut, Jr.
ATTACH M ENT A
Actual miles (mHes run on the Vain) J111 be paid on the bats of the chart set forth below.
The miles listed for some locations reflect the mileage payment required under existing
Agreements. If a crew receives/leaves a train on mainAine territory within a consolidated complex
out outside a yard, the mileage paid ON be based on the main line mile post nearest the train.
OMC (Council Bluffs) = Clinton 341 miles
- Boone 144 nits
- Des Moines 199 nits
- Mason (city 251 mfles
- Worthington 185 miles
- Sioux City 96 miles
- Sergeant Bluff 88 miles
@ North Platte 282 miles
@ Grand Island 144 miles
- Marysville 160 MiI63
- Kansas City 204 miles
OMC (Missouri Valley) - Clinton 320 miles
- Boone 124 ailles
@ Des Moines 178 miles
- Mason City 231 miles
- Worthington 165 miles
- Sioux City 76 miles
- Sergeant Bluff 68 miles
- North Platte 281 miles
- Grand Island 145 miles
- Marysville 180 miles
- Kansas City 224 miles
OMC (Fremont) m Clinton 357 miles
mBoone 161 Was
w Des Moines 21 5 Miles
@ Mason City 267 miles
- Worthirgton 202 miles
= Sioux CRY II 3 miles
w Sergewl Bluff I 05 miles
ft North Platte 244 miles
@ Grand Island 108 miles
@ Marysville 145 miles
@ Kansas Cfty 238 miles
These miles are calculated with 4 additional milles worl4ng kto Council Bluffs to MP 1, We
pay 4 miles less working out of Council Bluffs,
These Ere the current miles and they are to be changed if additions or reductions in the
mileage occur
IMPLEMENTING AGREEMENT MODIFICAIMN-S
Seniorily and Work Consolidation. To achieve the work efficiencies and allocation of
forces that are necessary to make the merged Carrier operate efficiently as a united
system, the following seniority consolidations will be made:
A. St. Louis, Missouri
1. (a) The CNW employees assigned to CNW yard assignments at Madison,
Illinois, on September 1, 1995, including any extra board assignments, will
be placed on the bottom of Missouri Pacific (MP) Merged Roster No. I and
will have prior rights to the former CNW regularly assigned yard
assignments at Madison. Should those fanner CNNY'assignments be
abolished or consolidated with other MY assignments, the former CNW
employees will have no prior rights. However, should those former CNW
assignments be reestablished within six (6) months of their abolishment or
consolidation, prior rights shall apply. Any newly established assignments
will not be subject to prior rights.
2. (a) The CNW employee(s) assigned to the Monterey Mine assignment on
September 1, 1995, will be placed on the bottom of the Chicago and
Eastern Illinois (C&EI) road roster at St. Louis and will have prior rights
to the Monterey Mine assignment, if regularly assigned. Should this
assignment be abolished or consolidated with other C&EI assignments, the
former CNW employee(s) will have no prior rights. However, should
those fanner C24VI assignments be reestablished within six (6) months of
their abolishment or consolidation, prior rights shall apply. Any newly
established assignments will not be subject to prior rights.
B. Kansas City, Missouri
1. (a) The CNW employees asigned to OW yard asigonsmAs at Kansas City
on September 1, 1995, will be placed on the bottom of the MY
Consolidated Roster and will have prior rights to the former CNW yard
assignments. Should those fanner C24VV Wgnmams be abolUed or
consolidated with other MT assignments, those former CN`W employees
will have no prior rights. However, should those former CNW assignments
be reestablished within six (6) months of their abolishment or
consolidation, prior rights shall apply. Any newly established assignments
will not be subject to prior rights.
2. (a) The number of CNW employees assigned to road service work between
Kansas City and Des Moines (currently headquartered at Kansas City) on
Scpternber 1, 1995, and the CNW employees on the CNW extra board at
Kansas City, will all be placed on the bottom of the MP Consolidated
Roster and will have prior rights to their percentage in the new Kansas City
to Omaha Metro Complex (OMC)/Des Moines pool. The percentage will
be as RAW* 75% Ar the MP onsolidated Roster and 25% for the
former CNW employees. The percentage for the former CNW employees
need not be maintained as those employees attritc or are unavailable. Any
newly established assignments will not be subject to prior rights.
C. Chicago, Illinois Complex
3. (b) Each employe; placed on the new CTC roster will be provided prior rights
to their former work now included in the CTC. Current assignments
retained in the new CTC will not be rebulletined. Should any former
assignments subsequently be abolished or consolidated with other CTC
assignments, there will be no prior rights to those assignments. However.
should those former CNW assigntnents be reestablished within six (6)
months of their abolishment or consolidation, prior rights shall apply. Any
newly established assigrunents will not be subject to prior tights. The new
CTC seniority roster will indicate prior rights in the following manner
Cuba
I The new Wm Maqvi Roster Al I will consist of the following employees:
(d) The number of CNW employees assigned to work on the east-west main
line between the OMC and Clinton, Iowa, on September 1, 1995.
NOTE 1: "Assigned to work on the east-west main line between Clinton
2
and the OMC" is defined as those through freight assignments with either
Clinton or Boone, Iowa, as the prc-implementation home terminal and with
either Boone, Clinton, Fremont or Council Bluffs as the pre.
implementation away-from-home term@inal- Only the number of employees
at Boone in through freight service that are necessary to protect their
equity in OMC - Boone and OMC - Clinton operations will be transferred
to the UP. Pre-implementation extra board assignments at Clinton and pre-
implementation extra board assignments at Boone are included in this
definition.
3. (b) Each employee placed on the new UP/UTU Merged Roster #I will retain
their current assignment (if operated) and will be provided prior rights.
Prior rights will also include the new operations established in accordance
with Article 11, Section A, Paragmph (1), but prior rights will not apply to
assignments on nor operation of the UP extra boards at the OMC. Should
any former CNW assignment be abolished or consolidated with UP
assignments, the former CNW employees will have no prior rights to those
assignments. forever, should those former CTAV astgnments be
reestablished within six (6) months of their abolishment or consolidation,
prior rights shall apply. Any newly established assignments will not be
subject to prior rights; however, additions to pool freight service shall not
be considered "newly established assignments"as used in this sentence. The
UP/UTU Merged Roster #I seniority roster will indicate prior rights in the
following manncr.-
F. Seniority and Service Rights
1. The following will apply to employees transferring firorn CNW to UP (Sections A, B
and D of this Article 1) and to employees transferring from UP to CNW (Section C of
this Article I):
2. CNW employees (road and yard) who are transferred to either UP or MY rosters at the
Omaha Metro Complex, Kansas City or St. Louis will not be required to place on a UP
or NO assignment with an on-duty point that is more than thirty (30) miles outside the
Complex or Terminal limits as set forth in this Agreement Should such an employee
not be able to hold a UP or UT assignment at or within thirty (30) miles of the
Complex or Terminal or on the employee's prior rights seniority that has been
incorporated into the UP or NO seniority territory, the employee will be treated as a
3
dismissed employee under the New York Dock conditions.
EXANTLE: A CNW employee working at Sioux City, Iowa, is placed on the UP
Zone 100 roster at Omaha and works in pool freight service to Sioux City. The employee is
reduced from the pool and cannot hold another assignment with an on-duty point at or within
thirty (30) miles of the Omaha Metro Complex limits. The only position the employee can hold is
at North Platte, Nebraska. The employee may take the North Platte assignment or elect to be
treated as a dismissed employee.. If the employee could hold a yard assignment at Sioux City, the
employee would be obligated to take that assignment because it was on the employee's prior
rights seniority that was incorporated into Zone I 00.
11. New Operations
A. The following new operations may be implemented in accordance with the provisions
set forth in this Article II:
2. Under the CNW Agreement with Boone as the home terminal: Boone-Clinton.
B. The terms and conditions of the new operations set forth in Section A, above, are as
follows:
8. All through freight sairice will be rotary pool freight service with blue print
board provisions for placing employees in the proper order at the home
terminal and at the far terminal. Under a blue print board operation, employees
are not run-around if used on the train for which called.
NOTE 3: Existing UP and ND Interdivisional Agreements are not
impacted by this Agreement.
E. South Morrill
4
2. The following will be applicable to achieve efficient operations in and around
the common UP/CNW terminal of South Morrill, Nebraska:
(d) Crews performing this service will be paid an additional one-half (1/2)
day's pay for this service.
F. General Conditions for Terminal/Complex Operaiions
2. For all locations, road employees will be transported to/from their trains
to/from the designated on/off duty point in accordance with applicable rules.
Yard Extra Board employees in the Chicago Terminal Complex will report to
Proviso and will be transported to/from their assignment if the assignment is
more than twenty (20) miles from the employee's home by the most direct
highway route.
IV. Extra Boards
A. Terminals/Conipl=
5. Outlying Points -
(a) The Carrier may establish extra boards at locations governed by the
UP Agreement on the new OMC seniority territory where extra boards do
not now exist.
(b) The Carrier may establish extra boards at locations governed by the CNW
Agreement on the new Midwest seniority territory where extra boards do
not now exist.
V, Implementation
E. 1. At St. Louis, Kansas City, Chicago, Omaha and the Midwest, employees will
transfer from one seniority district to another. The determination as to which
employee will transfer is an individual determination based upon who was on a
transferred assignment on September 1, 1995. There are two exceptions to this
approach. At Chicago, the number of CNW Eastern #I and Northeastern #2
employees working in Chicago on September 1, 1995, not the individual, is the
determining factor. In the Midwest, the number of Southern #3 and Central #5
remaining after all other transfers is the determining factor.
2. As an alternative to this process (set forth in Article I and this Article V), the
Organization may elect the following process which will be identified as Section
B of Article V and replace the Section B set forth in the Carrier's proposal:
B. 1. Concurrent with the serving of its notice, the Carrier will post a
description of the new and/or merged seniority districts. Included
in the description will be the number of employees transferring to
the new and/or merged seniority districts identified by the district
the employees will be transferring font For example:
St Louis - To 14P Merged Roster No. I from C14 VI Eastern # I - 3
To C&EI road roster from CNW Eastern #I - 6
Kansas City - To MP Consolidated ftom CNW Southern #3 - 20
2. The Carrier will determine the number of employees to be
transferred.
3. Fifteen (15) days after posting of the information described in B.
I., above, the appropriate Directors of Labor Relations, General
Chairmen and Local Chairmen will convene a workshop to
implement assembly of the merged rosters. Employees on a roster
where work is being transferred will be canvassed, in seniority
order for each roster, and will be required to make an election as to
which ncw roster the crnploycc wishes to be transferred or whcther
the employee wishes to remain on the cunTnt rostet (Suqing will
not be possible on those rosters which are being eliminated)
Positions on the new roster will be awarded on the basis of the
employee's train service seniority. Failure or refusal of an
employee to make an election will result in the Carrier making the
assignment for the employee. All positions listed by the Carrier for
transfer must be filled.
4. At the end of the workshop, which will last no more than five (5)
days, the participants will have finalized agreed-to rosters which
6
<xref image="000105HT.TIF|V3|2001:12:21:19:04:54.00|53824|0"> image: </xref>
-------
will then be posted for information and protest in accordance with
me applicable agreements. If the participants have not finalized
agreed-to rosters, the Carrier will prepare such rosters, post them
for information and protest, will use those rosters in assigning
positions and will not be subject to claims or grievances as a result.
5. This alternative must be accepted unanimously by the involved
General Committees. Without unanimity, the alternative will be
considered rejected.
6, The Organization must notify the Carrier within five (5) days
of the date of this Arbitration Award whether it accepts or rejects
this alternative.
7. Nothing in this alternative affects in any way the placement of
employees on the new roster (on the bottom or dovetail, as
appropriate) nor does this alternative affect in any way the
application of prior rights as set forth in Article 1. 'Mis alternative
is solely designed to address a different manner for determining
which employees transfer to a new and/or merged seniority district.
F. Prior to implementation of this Agreement, the parties will meet for purposes of
reviewing the operational implementation thereof. Questions and answers pertaining
thereto should be prepared by the parties covering that implementation. Should the
parties be unable to agree upon any item, that/those matter(s) is/are to be referred to
this panel for resolution.
vie EMqrJi=
1. Employees who are a4vasely amid as a result of the implementation of this
Agreement will be entitled to the employee protection provided for in ;the New York
Dock Conditions. With the following addition: Employees required to relocate under
this Agreement will have the option of electing the relocation benefits provided for in
the New York Dock Conditions or an in lieu allowance in me amount of $2840100
less applicable taxes.
7
5. CNW employees holding seniority in train service and working as such on the date of
this Arbitration Award will be eWdcd to the protective benefits provided for in
Article XIII of the January 27, 1972 UTU National Agreement for the implementation
of interdivisional service if they satisfy the qualifying requirements set forth below:
(a) A CNW employee holding train service seniority and working as such on
the date of this Arbitration Award; and,
(b) Assigned to one of the new operations set forth in Article II, Section A of this
Implementing Agreement on the implementation date of the new operation.
Should implementation of a new operation be phased-in, employees involved
in the phase-in will also qualify.
V11, Famillariza
Employees will not be required to lose time or "ride the road" on their own time in order
to qualify for new operations.
I .Employees will be provided with as sufficient number of familiarization trips in order to
become familiar with a new territory. Issues concerning individual qualifications
should be handled with local operating officers.
2. If road crew or extra board employees operating in CTC have not been in the Chicago
Terminal Complex within six (6) months prior to assigment, Carrier wiH provide a
local operating officer or pilot if requested. Issues concerning individual qualifications
should be handled with local operating officers.
Appendix "D"
IMPLEMENTING AGREEMENT MOD11FICATIONS
1. Seniority and Work Consolidation. To achieve the work
efficiencies and allocation of forces that are necessary to make
the merged Carder operate efficiently as a unified system, the
following seniority consolidations will be made:
The following wiH replace the seniority and transfer provisions of
Article 1, Sections A 1 (a) and 2(a); B 1 (a) and 2(a); C 3(b); and, D
3(b).
St. Louis - The number of CNW employees assigned to CNW
yard assignments at Madison, Illinois, on March 1. 1996; the
number of CNW employees) assigned to the Monterey Mine
assignment on March 1 j 1996; and, the number of CNW employees
assigned to work South Pekin, Illinois, to St. Louis (in through
freight only, excluding extra board employees) will be placed on the
bottom of the Missouri Pacific (MP) St. Louis Yard Roster No, 1 and
the bottom of the C&EI road roster at St. Louis. These employees
will have prior rights to the former CNW yard assignments, the
Monterey Mine assignments) and to a maximum of four
assignments in the St. Louis to South Pekin/Chicago pool, Should
the yard assignments be abolished or consolidated, the employees
will have an equitable percentage of the remaining yard assignments
at St. Louis. The percentage will be determined by the parties in
accordance with the standard engine hour formula arrangement.
Should the St. Louis to South Pekin/Chicago pool be reduced so that
the former CNW employees cannot maintain four assignments, the
employees will have an equitable percentage of the remaining pool
assignments, The percentage will be determined in accordance with
the standard miles paid formula arrangement.
Kansas City - The number of CNW employees assigned to CNW
assignments at Kansas City on March 1, 1996; the number of CNW
employees assigned to road service work between Kansas City and
Des Moines (currently headquartered at Kansas City) on March 1.
1996; and the number of CNW employees on the CNW extra board
at Kansas City will all be placed on the bottom of the MP
Consolidated Roster at Kansas City. These employees will have
prior rights to the former CNW yard assignments, to an equitable
percentage of the pod assignments in the Kansas City to Omaha
Metro Complex/Des Moines pool and to an equitable percentage of
the extra board assignments on the protecting extra board. The
percentage of equity will be determined by the parties in accordance
with the standard miles paid for formula arrangement. Should the
yard assignments be abolished or consohdated, the employees will
have an equitable percentage to the remaining yard assignments at
Kansas City. The percentage WU be determined by the parties in
accordance with the standard engine hour formula arrangement.
Chicago - The new CTC seniority roster, set forth in Paragraph 3
(b) will be established. However, current C&EI and all CNW
employees, when working assignments at Yard Center or CHTT, will
work under the C&EI Agreement and the current C&EI employees
wiH be considered C&EI employees. Current CNW and C&EI
employees, when working all other assignments in the CTC, will
work under the CNW Agreement.
There will be a separate C&EI extra board in the CTC to protect
C&EI assignments at Yard Center and CHTT. Current C&EI and
CNW employees when assigned to the C&EI extra board, will be
considered C&EI employees. Employees from one CTC extra board
may be used on other CTC extra boards when one extra board is
exhausted.
The C&EI presence in the CTC will be eliminated by attrition.
Attrition is defined as follows: Extra Board - when 51 % or more of
the assignments are manned by CNW employees; Regular
Assignments - when no current C&EI employee may hold a regular
assignment.
Current C&El, Eastern #1 and Northeastern #2 employees placed
on the CTC seniority roster will retain their respective road rights.
Omaha and the Omaha Metro Complex
The new UP/UTU Merged Roster #1 seniority roster set forth in
Paragraph 3(b) will be established and all CNW employees placed on
that roster will have their prior rights established in Article 1 as their
primary prior rights. In addition, they will have secondary prior
rights to all other former CNW work transferred to Merged Roster
#11. Secondary seniority will be exercised in accordance with the
employee's standing on Merged Roster #11,
2