ARTICLE 90 MERGERS, LEASES, COORDINATIONS, ETC. 1 When, through lease, purchase, merger, consolidation or other 2 cause, a line or lines of a carrier or a portion thereof is taken over by 3 another carrier or where, because of establishment of a new line by an 4 existing carrier or for other reasons, traffic is permanently diverted from 5 one carrier to another or from one road and/or yard seniority district to 6 another on the same carrier and such affects the seniority rights of 7 employees on such carriers, General Committees of Adjustment shall 8 arrange for a fair and equitable division of the work. Prior seniority 9 rights of employees to service on their former seniority district or 10 territory shall be preserved to the extent possible. Permanently, as 11 used herein, is intended to mean some reasonable degree of regularity 12 in excess of thirty (30) days. 13 General Committees shall give consideration to all factors involved, 14 including but not limited to hours worked, cars and tonnage handled 15 where applicable, and mileage of operations on each seniority district or 16 territory involved prior to the change in operation, consolidation, or the 17 diversion or re-routing of traffic. 18 In circumstances in which a new line is established by a carrier and 19 no seniority rights exist, employees from the line from which traffic is 20 diverted, will be transferred to the new line in equal percentage to the 21 mileage of the traffic diverted from the old line. If the portion of line 22 transferred is insufficient in extent to constitute a separate seniority 23 district, the employees taken over therewith in the merger may be 24 placed on the roster of the proper seniority district to which the merged 25 line is attached with seniority on such roster in their respective classes 26 from a date not later than the date of merger. 27 In applying this Article to bus lines the International and its 28 Legislative Department will intervene with the ICC for a reservation of 29 jurisdiction, for the imposition of conditions, for at least three (3) years 30 for employees who may be adversely affected. 31 Disputes arising under this Article which cannot be resolved by the 32 General Committee or General Committees shall be referred to the 33 International President. The International President shall promptly 34 assign an officer to assist the General Committee or General 35 Committees involved in resolving the dispute. Failing to resolve the 36 dispute the officer shall make a complete report and recommendation 37 to the International President who, in turn, shall decide the dispute. 38 Any local or member of a local affected by action or decision of a --64-- 39 Chairperson, Sub General Committee or General Committee, or by the 40 decision of the International President with respect to this Article may 41 appeal such action or decision to the Board of Appeals, provided such 42 appeal is filed with the General Secretary and Treasurer within ninety 43 (90) days from the date of the action or decision. The Chairperson 44 Sub General Committee, General Committee, or International President 45 as the case may be, shall be allowed thirty (30) days from the date the 46 appeal is filed in which to reply to the appeal. The parties involved in 47 an appeal shall exchange copies of the appeal and reply to the appeal, |