ARTICLE III - COST-OF-LIVING
PAYMENTS
Part A - Cost-of-Living
Payments Under Appendix D, Document "A" of Award of
Arbitration Board No. 559 dated May 8, 1996
Section 1
Article II, Part C, Document
"A" of Appendix D of the Award of Arbitration Board No.
559 dated May 8, 1996, shall be eliminated effective on the date of
this Agreement. On June 30, 2002, the forty-eight (48) cent
cost-of-living allowance pursuant to such provision in effect on
that date shall be rolled in to basic rates of pay.
Section 2
Any local counterpart to the
above-referenced Article II, Part C that is in effect on a carrier
party to this Agreement shall be amended in the same manner as
provided in Section 1.
Part B - Cost-of-Living
Allowance and Adjustments Thereto After January 1, 2005
Section 1 - Cost-of-Living
Allowance and Effective Dates of Adjustments
(a) A cost-of-living
allowance shall be payable in the manner set forth in and subject to
the provisions of this Part, on the basis of the "Consumer
Price Index for Urban Wage Earners and Clerical Workers (Revised
Series) (CPI-W)" (1967=100), U.S. Index, all items -
unadjusted, as published by the Bureau of Labor Statistics, U.S.
Department of Labor, and hereinafter referred to as the CPI. The
first such cost-of-living allowance shall be payable effective July
1, 2005 based, subject to paragraph (d), on the CPI for March 2005
as compared with the CPI for September 2004. Such allowance, and
further cost-of-living adjustments thereto which shall become
effective as described below, shall be based on the change in the
CPI during the respective measurement periods shown in the following
table, subject to the exception provided in paragraph (d)(iii),
according to the formula set forth in paragraph (e).
Measurement Periods
|
Base Month
|
Measurement
Month
|
Effective
Date
of Adjustment
|
|
|
|
September
2004 |
March
2005 |
July
1, 2005 |
March
2005 |
September
2005 |
January
1, 2006 |
Measurement Periods and
Effective Dates conforming to the above schedule shall be applicable
to periods subsequent to those specified above during which this
Article is in effect.
(b) While a cost-of-living
allowance is in effect, such cost-of-living allowance shall apply to
straight time, overtime, vacations, holidays and to special
allowances in the same manner as basic wage adjustments have been
applied in the past, except that such allowance shall not apply to
duplicate time payments, including arbitraries and special
allowances that are expressed in time, miles or fixed amounts of
money.
(c) The amount of the
cost-of-living allowance, if any, that shall be effective from one
adjustment date to the next may be equal to, or greater or less
than, the cost-of-living allowance in effect in the preceding
adjustment period.
(d) (i) Cap. In
calculations under paragraph (e), the maximum increase in the CPI
that shall be taken into account shall be as follows:
|
Effective
Date
of Adjustment |
Maximum
CPI Increase
That May Be Taken Into Account |
|
July 1, 2005 |
3% of September 2004 CPI |
|
January 1, 2006 |
6% of September 2004 CPI, less the increase from September
2004 to March 2005 |
Effective Dates of
Adjustment and Maximum CPI Increases conforming to the above
schedule shall be applicable to periods subsequent to those
specified above during which this Article is in effect.
(ii) Limitation. In
calculations under paragraph (e),only fifty (50)percent of the
increase in the CPI in any measurement period shall be considered.
(iii) If the increase in the
CPI from the base month of September 2004 to the measurement month
of March 2005 exceeds 3% of the September 2004 base index, the
measurement period that shall be used for determining the
cost-of-living adjustment to be effective the following January
shall be the 12-month period from such base month of September; the
increase in the index that shall be taken into account shall be
limited to that portion of the increase that is in excess of 3% of
such September base index; and the maximum increase in that portion
of the index that may be taken into account shall be 6% of such
September base index less the 3% mentioned in the preceding clause,
to which shall be added any residual tenths of points which had been
dropped under paragraph (e) below in calculation of the
cost-of-living adjustment which shall have become effective July 1,
2005 during such measurement period.
(iv) Any increase in the CPI
from the base month of September 2004 to the measurement month of
September 2005 in excess of 6% of the September 2004 base index
shall not be taken into account in the determination of subsequent
cost-of-living adjustments.
(v) The procedure specified
in subparagraphs (iii) and (iv) shall be applicable to all
subsequent periods during which this Article is in effect.
(e) Formula. The
number of points change in the CPI during a measurement period, as
limited by paragraph (d), shall be converted into cents on the basis
of one cent equals 0.3 full points. (By "0.3 full points"
it is intended that any remainder of 0.1 point or 0.2 point of
change after the conversion shall not be counted.)
The cost-of-living allowance
in effect on December 31, 2005 shall be adjusted (increased or
decreased) effective January 1, 2006 by the whole number of cents
produced by dividing by 0.3 the number of points (including tenths
of points) change, as limited by paragraph (d), in the CPI during
the applicable measurement period. Any residual tenths of a point
resulting from such division shall be dropped. The result of such
division shall be added to the amount of the cost-of-living
allowance in effect on December 31, 2005 if the CPI shall have been
higher at the end than at the beginning of the measurement period,
and subtracted therefrom only if the index shall have been lower at
the end than at the beginning of the measurement period and then,
only, to the extent that the allowance remains at zero or above. The
same procedure shall be followed in applying subsequent adjustments.
(f) Continuance of the
cost-of-living allowance and the adjustments thereto provided herein
is dependent upon the availability of the official monthly BLS
Consumer Price Index (CPI-W) calculated on the same basis as such
Index, except that, if the Bureau of Labor Statistics, U.S.
Department of Labor should, during the effective period of this
Article, revise or change the methods or basic data used in
calculating such Index in such a way as to affect the direct
comparability of such revised or changed index with the CPI-W during
a measurement period, then that Bureau shall be requested to furnish
a conversion factor designed to adjust the newly revised index to
the basis of the CPI-W during such measurement period.
Section 2 - Payment of
Cost-of-Living Allowances
(a) The cost-of-living
allowance that becomes effective July 1, 2005 shall be payable to
each employee commencing on that date.
(b) The increase in the
cost-of-living allowance effective January 1, 2006 pursuant to
Section 1 of this Part shall be payable to each employee commencing
on that date.
(c) The increase in the
cost-of-living allowance effective July 1, 2006 pursuant to Section
1 of this Part shall be payable to each employee commencing on that
date.
(d) The procedure specified
in paragraphs (b) and (c) shall be followed with respect to
computation of the cost-of-living allowances payable in subsequent
years during which this Article is in effect.
(e) In making calculations
under this Section, fractions of a cent shall be rounded to the
nearest whole cent; fractions less than one-half cent shall be
dropped and fractions of one-half cent or more shall be increased to
the nearest full cent.
Section 3 - Application of
Cost-of-Living Allowances
The cost-of-living allowance
provided for by Section 1 of this Part B will not become part of
basic rates of pay. Such allowance will be applied as follows:
(a) For other than dining
car stewards, each one cent per hour of cost-of-living allowance
will be treated as an increase of 8 cents in the basic daily rates
of pay produced by application of Article I of this Agreement. The
cost-of-living allowance will otherwise be applied in keeping with
the provisions of Section 6 of Article I.
(b) For dining car stewards,
each one cent per hour of cost-of-living allowance will be treated
as an increase of $1.80 in the monthly rates of pay produced by
application of Sections 6 and 7 of Article I.
Section 4 - Continuation of
Part B
The arrangements set forth
in this Part B shall remain in effect according to the terms thereof
until revised by the parties pursuant to the Railway Labor Act.