AGREEMENT

FOR PROTECTION OF EMPLOYEES

WHO MAY BE REPRESENTED BY THE

BROTHERHOOD OF RAILROAD TRAINMEN

IN EVENT OF APPROVAL OF

MERGER AND RELATED APPLICATIONS

FILED BY

BURLINGTON NORTHERN INC.

(FORMERLY GREAT NORTHERN PACI FIC &

BURLINGTON LINES, INC.)

AND OTHER CARRIERS

IN

I.C.C. FINANCE DOCKETS

NOS. 21478, 21479 and 21480

 

 

WHEREAS, a joint application has been file

With the Interstate Commerce Commission (herein called the Commission) in Finance Dockets Nos. 21478, 21479 and 21480 by the Great Northern Pacific & Burlington Lines, Inc., Chicago, Burlington & Quincy Railroad Company, Great Northern Railway Company, Northern Pacific Railway Company, and Spokane, Portland and Seattle Railway Company (herein called the Carriers) for authority under the Interstate Commerce Act (herein called the Act) as follows:

1. Under Section 5(2): (a) Great Northern Pacific & Burlington (the New Company), Great Northern, Northern Pacific and Pacific Coast to merge properties and franchises of Great Northern, Northern Pacific and Pacific Coast into the New Company; (b) the New Company and Chicago, Burlington & Quincy to merge thereafter properties and franchises of Burlington into the New Company; (c) the New Company for an order to authorize it to lease all of the properties and assets of the Spokane, Portland and Seattle Railway Company for a term of ten years; (d) the New Company to

acquire sole or joint Control, as the case may be, of carriers subsidiary to or affiliated with the Chicago, Burlington & Quincy, Great Northern, Northern Pacific and Spokane, Portland and Seattle; and (e) the New Company for an order authorizing it to acquire rights held by the Chicago, Burlington & Quincy, Great Northern, Northern Pacific, Pacific Coast and Spokane, Portland and Seattle for use of certain trackage of other railroads.

2. Under Section 20(a) of the Act: the New Company and the Chicago, Burlington & Quincy to consummate the issuance and sale and pledging of certain corporate capital stock and bonds, all as set our in the aforesaid joint application of the Carriers, and

3. Under Sections 1(18) to 1(20) of the Act: for a certificate or certificates that the present or future public convenience and necessity require the extensions and abandonments of lines of railroad referred to in Parts III and IV of the aforesaid joint application.

NOTE: These transactions collectively are referred to as the "Great Northern Pacific & Burlington Lines Merger.

AND WHEREAS, Section 5(2)(f) of the Act (49 U.S.C.A. o5(2)(f)) provides in part:

Notwithstanding any other provisions of this chapter and chapters 8 and 12 of this title, an agreement pertaining to the protection of the interests of said employees may hereafter be entered into by any carrier or carriers by railroad and the duly authorized representative or representatives of its or their employees.

AND WHEREAS, pursuant to the provisions of the Railway Labor Act, as amended, and in accordance with that part of Section 5(2)(f) of the Act above qu&ed, the parties signatory hereto have reached agreement respecting the protection to be afforded the employees who may be represented

AND WHEREAS, the Brotherhood of Railroad Trainmen is certified to represent certain crafts and classes of employees on the Carriers parties hereto, and this Agreement is binding in respect to such employees, as well as to any employees of the Burlington Northern Inc. which the Brotherhood of Railroad Trainmen may be certified to represent.

AND WHEREAS, the Labor Organization is the authorized and recognized representative of certain of the employees of the GN, NP, CB&Q and SP&S Railroad Companies, and has intervened on behalf of said employees in opposition to said merger and related transactions before the Interstate Commerce Commission, which opposition is not hereby waived.

IT IS AGREED:

Section 1

(a) The provisions of this Agreement and the provisions of all implementing agreements in relation thereto shall apply in the event the Commission shall approve the applications in Finance Dockets 21478, 21479 and 21480, PROVIDED that this Agreement for employee protection shall be null and void and of no force and effect unless within 120 days (subject to extension by mutual agreement) from date of receipt of material required by subparagraph (b) of this Section the parties shall have entered into an agreement pursuant to Section 8 hereof, covering the general implementation of guidelines governing the following:

i. The consolidation and extension of seniority rosters and seniority districts on an equitable basis for employees who may be represented by the Organization party hereto on the BN Inc. from the former Great Northern, Northern Pacific and Spokane, Portland and Seattle Railroads and an allocation of work on rerouted traffic with provision for former Chicago, Burlington & Quincy employees represented by the Brotherhood of Railroad Trainmen to participate in the work at consolidated facilities of the New Company at Minneapolis—St. Paul, Minnesota, and Sioux City,

Iowa, and elimination of any existing agreement provisions which are not consistent therewith.

ii. The consolidation or change of present terminals and terminal facilities, and/or switching limits at the following locations:

  1. Portland, Oregon, and Vancouver, Washington

b. Seattle, Washington

c. Everett, Washington

d. Tacoma, Washington

e. Spokane, Washington

f. Butte, Montana

g. Helena, Montana

h. Grand Forks, North Dakota East Grand Forks, Minnesota

i. Fargo—West Fargo, North Dakota, and Moorhe ad and Dilworth, Minnesota

j. Minneapolis—St. Paul—Daytons Bluff— Northtown, Minnesota

k. Duluth, Minnesota, and Superior—Allouez— East End, Wisconsin

I. Auburn, Washington

iii. The extension of switching limits at the following locations:

a. Seattle, Washington

b. Spokane, Washington

iv. The extension of Great Northern switching limits to include local switching service presently performed by Northern Pacific road crews at the following points:

a. Bellingham, Washington

b. Crookston, Minnesota

c. Wahpeton, North Dakota, and Breckenridge, Minnesota

d. St. Cloud, Minnesota

v. The extension of Northern Pacific switching limits to include local switching service presently performed by Great Northern road crews at Bemidji,

(b) The Carriers shall promptly furnish the representatives of the Brotherhood of Raikoad Trainmen all requested statistical information such as car miles, train miles and yard engine hours which is necessary for the preparation of consolidated employees’ seniority rosters on an equitable basis.

© It is further understood and agreed if this Agreement shall become null and void in accordance with the provisions of subparagraph (a) above, the employees described herein will be entitled to the protection provided by the I. C. C. in its approval of the Great Northern Pacific & Burlington Lines merger.

Section 2

(a) The scope and purposes of this Agreement are:

i. To assure employment and/or earnings, as hereinafter prescribed, to defined employees involved in the Great Northern Pacific & Burlington Lines merger,

ii. To expedite the changes in services, facilities and operations involved in the Great Northern Pacific & Burlington Lines merger, and

iii. To prescribe the procedures by which existing agreements between the parties shall be modified and consolidated to conform with the changes in service, facilities and operations involved in the Great Northern Pacific & Burlington Lines merger.

(b) The New Company will take over and assume all contracts, schedules and agreements between Great Northern, Northern Pacific, Chicago, Burlington & Quincy and Spokane, Portland and Seattle, respectively, and the Brotherhood of Railroad Trainmen concerning rates of pay, rules, working conditions and fringe benefits in effect on the final effective date of the Commission Order covering the Great Northern Pacific & Burlington Lines merger and will be bound by the terms and provisions thereof in the same manner and to the

same extent as if the New Company had been a party thereto, subject to changes made in accordance with the provisions of the Railway Labor Act, and subject to Section 7 of this Agreement.

© The New Company will take into its employment all employees who may be represented by the Brotherhood of Railroad Trainmen of Great Northern, Northern Pacific, Chicago, Burlington & Quincy and Spokane, Portland and Seattle as of the date of this Agreement or subsequent thereto up to and including the final effective date of the Commission Order, and none of these protected employees of the said Carriers shall be deprived of their employment status or placed in a worse position with respect to compensation, rules governing working conditions, fringe benefits or rights and privileges pertaining thereto at any time during such employment.

For the purpose of this Agreement the term "protected employees" means all employees of the Carriers who may be represented by the Brotherhood of Railroad Trainmen and who render any compensated service between the date of this Agreement and the final effective date of the Order of the Commission, both dates inclusive.

of Employees who perform no service between the date

this Agreement and the final effective dare of the Commission

Order account of illness, injury or dismissal, or who performed compensated service subsequent to June 29, 1965 but performed no service between the date of this Agreement and the final effective date of the Commission Order on account of the seasonal requirements of service, and resume service subsequent to the final effective date of such Order, shall thereafter be considered "protected employees" in the application of this paragraph ©, provided, if not so situated during the period above mentioned their seniority would have permitted them to perform compensated service.

(d) The New Company shall also take over, assume and continue the employment relationship of all employees who may be represented by the Brotherhood of Railroad Trainmen who are on furlough or leave of absence and pre

serve their rights and equities in accordance with schedules and agreements between the Carriers and the Brotherhood of Railroad Trainmen, subject to Section 7 of this Agreement.

(e) The Carriers agree to furnish Seniority District rosters (which shall be attached as Appendix "B" to this Agreement) of all employees entitled to preservation of employment, compensation, and fringe benefits, and also indicating all employees on furlough or leave of absence, each of which rosters shall also set forth the Carrier by which the employees are employed. The Carriers further agree that the said rosters are subject to revision as necessary to include any employees to be added or deleted from said rosters between the date of this Agreement and the final effective date of the Commission Order.

Section 3

(a) An employee shall not be regarded as deprived of his employment status or placed in a worse position with respect to his compensation, rules governing working conditions, fringe benefits, or rights and privileges pertaining thereto, in case of his resignation, death, retirement or, as a result of any temporary absence in case of suspension or dismissal for cause in accordance with existing agreements, or failure to work due to disability or discipline, or failure to accept a position available to him in a consolidated seniority district as prescribed by an implementing agreement, subject to provisions of Section 2(c) of this Agreement, upon return to service.

(b) Each "protected employee" shall receive a monthly allowance determined by computing the total compensation received by the employee and his total hours worked during the last twelve (12) months in which he performed service in a craft which may be represented by the Brotherhood of Railroad Trainmen immediately preceding the date of this Agreement (such twelve (12) months being hereinafter referred to as the "test period") and by dividing separately the total compensation and the total hours and/or miles worked by twelve, thereby producing the average monthly

compensation and average monthly hours and/or miles worked, which shall be the minimum amounts used to guarantee the "protected employee", and if his compensation is less in any month in which he performs railroad service than the aforesaid average compensation he shall be paid the difference, less compensation for any time lost on account of voluntary absences to the extent that he is not available for service equivalent to his average monthly hours worked during the test period and less any compensation lost on account of a failure to exercise seniority to available service producing greater compensation in the same terminal where employed, provided that if during the test period a protected employee had exercised seniority at different points and his seniority would entitle him to service at such points after the final effective date of the Commission’s Order, then the earnings of service at such points available to him in the exercise of seniority will be considered in the computing of his guarantee, but he shall be compensated in addition thereto at the rate of the position filled for any time worked in excess of the average monthly hours worked during the test period. Adjustment for time lost due to voluntary absences will be made by deducring from the monthly guarantee an amount equivalent to earnings of the assignment or trips missed during such absence.

NOTE NO. 1. An employee’s guarantee will not be reduced if there was no opportunity for him to exercise his seniority on such higher paid assignment.

NOTE NO. 2. In yard service, an employee who is displaced as a foreman and cannot hold a foreman’s job on the same shift, may exercise seniority on a job as a helper on the same shift and his earnings guarantee will be preserved. If unable to place himself on the same shift, then regardless of job he places himself on, he will be considered as occupying the highest paid job held by a junior employee in computing earnings toward guarantee.

NOTE NO. 3. For an employee with less than 12 months’ service, the compensation and hours worked shall be divided by the number of months

worked to determine average monthly hours and compensation.

NOTE NO. 4. It is agreed that we will consider December, 1967 as the "first month immediately preceding the date of this agreement" as referred to in this Section 3. If a protected employee would have a higher guarantee based on the twelve (12) months in which he performed service considering December, 1965 as the ‘‘first month immediately preceding the date of this Agreement" and he so advises the Carrier such higher guarantee will be used.

© The New Company will promptly establish the monthly allowance" for each "protected employee" as set forth in paragraph (b) above, and such allowance will always remain a "protected employee’s" guarantee except that the percentage of future general wage increases will be added to the said "monthly allowance" beginning with the date in the month in which such wage increase becomes effective.

(b) In dererming the "average monthly compensation provided for in this Section, any month in which an employee involved was on bona fide furlough for the entire month but performed emergency service to which he did not stand to be called under the rules of the working agreement applicable to the craft or class in which he held seniority, that such month would not be used as one of the months in such "test period".

(e) Any compensation whatsoever (including vacation pay, arbitraries,pay for time lost, etc.) received from the New Company, but excluding payments made on account of personal injuries to whatever extent such payments are for reasons other than time lost, shall be used to reduce the amount of allowances due any employee under this Section.

(f) The foregoing does not relieve employees of handling and processing claims on and in accordance with Appendix "C" attached hereto; nor does it deprive the New Company of any defense against such claim~ which is available to it under Section 3 of this Agreement.

Section 4

(a) If, subsequent to the date of this Agreement, officials, supervisory or fully excepted personal and organization representatives exercise seniority rights in a craft or class of employees protected under said Agreement, then, during the period such seniority is exercised, such officials, supervisory or fully excepted personnel and organization representatives shall be entitled to the same protection afforded by the said Agreement to employees in the craft or class in which such seniority is exercised, and no employee subject to said Agreement shall be deprived of employment or adversely affected with respect to compensation and rules governing working conditions, fringe benefits, or rights and privileges pertaining thereto, by the return of the official, supervisory, or fully excepted employee to work under the schedule agreement.

(b) In applying Section 3 when determining the average monthly compensation" for employees referred to above, it is understood that:

(1) As to "full time" General Chairmen (General Chairmen who do not work in the class or classes in which they hold seniority while holding office as General Chairman), the individual’s average monthly compensation for the last 12 months in which he performed service in a class in which he holds seniority will be determined and that amount increased by the percentage equivalent of general wage increases applicable to the class in which he last performed service prior to taking office as General Chairman which have been made effective while he has been serving as General Chairman. The same formula shall be applied for railroad officials, supervisory or fully exempt personnel.

(2)—(a) As to other than "full time" General Chairmen, Local Chairmen, Grand Officers, Organization representatives and delegates to labor organization conventions, their "average monthly compensation" will first be arrived at as provided in Section

3 as particularized by Paragraph 1 above. The average monthly compensation" as thus determined

will then be increased by the amount of 1.2 basic day’s pay at the rate of service in which engaged at the time the individual laid off for each date on which the individual lost time (or, in the case of an extra man, was laying off,) to participate in organization business.

(2)—(b) The dates, and rate of pay applicable to each, on which the individual lost time (or, in the case of an extra man, was laying off,) in order to participate in organization business, will be certified by the individual involved and by an officer of the organization and furnished to the designated officer of the Carrier.

Section 5

(a) In making adjustments as a result of "decline in volume of traffic or revenues," the following formula will be used to determine whether there has been a decline in volume of traffic or revenues and if a decline is found to have occurred, the amount of the reduction in the protective allowances which might otherwise be due the employees involved:

(1) The total railway operating revenues (Line 3, Indexed Page 300, I.C.C. Report Form A) and the net revenue and non-revenue ton miles (Line 38, Indexed Page 508, I.C.C. Report Form A) of the railroads comprising the Great Northern Pacific & Burlington Lines, Inc. as of the final effective date of the Order of the Interstate Commerce Commission approving the merger, for each of the 24 calendar months, June 1963 May 1965, both inclusive, as reported to the Interstate Commerce Commission will be used as the base.

(2) The percentage in decline in (1) total railway operating revenues and (2) net revenue and nonrevenue ton miles in any calendar month as compared to thc average of the two like calendar months during

the period June 1963 May 1965, will each be determined.

(3) Percentages of decline (1) and (2) will be totalled and that total divided by 2. The result of this calculation will be the "average percentage of decline."

(4) If the "average percentage of decline" as determined above is 5% or less for any calendar month, no reduction will be made. If the "average percentage of decline" is more than 5% for any calendar month, the protective allowance which might otherwise be due any employee for that calendar month shall be reduced by the "average percentage of decline" in excess of 5%.

(b) Notwithstanding other provisions of this Agreement, the New Company may reduce the protective allowance for each day lost under emergency conditions such as flood, snowstorm, hurricane, earthquake, fire or strike, provided that operations are suspended in whole or in part and provided further that because of such emergencies the work which would be performed by the incumbents of the positions to be abolished or the work which would be performed by the employees involved is not performed. In the event the New Company makes reductions because of the aforesaid emergency conditions, it is agreed that any decline in railway operating revenue and net revenue and non-revenue ton miles resulting therefrom shall not be included in any computation of a decline in the New Company’s business pursuant to the provisions of the preceding paragraph.

If, due to trackage obstruction, traffic is rerouted over another route, outside of the extended seniority districts provided in an implementing Agreement, and such obstruction lasts for more than three (3) days, affected employees will be permitted to temporarily transfer to district over which traffic is rerouted and supplement the working lists to the extent needed. At the end of thirty (30) days protective allowances shall be resumed, except that no such allowances

shall be made for employees who decline temporary transfer to the district over which traffic is rerouted.

Section 6

(a) In any case of any transfers resulting from rearrangement of forces and/or seniority districts for which an implementing agreement has been made pursuant to Sections 8 and 10 of this Agreement, any employee who is required by terms of said implementing agreement to transfer to a new point of employment, which by highway mileage is a greater distance than 35 miles from the geographic center of the consolidated yard or terminal which is his point of employment, and which requires him to move his residence, shall be given an electon, to be exercised within thirty (30) calendar days from the date of request, to make such transfer permanent or temporary.

(b) If the employee elects to transfer to the new point of employment requiring a permanent change of residence or when a temporary change has been converted (at the option of the employee) to a permanent change such transfer and change of residence shall be subject to the following benefits:

(1) An employee owning his home as of the date of this Agreement will be considered a home owner qualified to participate in the property settlement and may exercise Option (A) or Option (B) as follows;

Option (A) (i) Each qualified home owner electing this option will be paid 25 per cent of the fair market value of his home. In each case the fair market value shall be determined as of a date sufficiently prior to the date he is required to move to be unaffected thereby.

(ii) For each year (12 calendar months) in excess of ten (10) years the employee occupied his home prior to the date of transfer, he will be allowed an additional

one per cent per year of the fair market value of his home, but not to exceed the number of years of continuous service with his employing Carrier party to this Agreement, and not to exceed an additional 25 per cent.

(iii) The employee will be permitted to retain title to his home and will retain responsibility for any and all indebtedness, if any, outstanding against his home. The New Company will assume no liability whatever in connection therewith.

(iv) If an employee purchases a different home between the date of this Agreement and the date he is required to move, he will be entitled to the benefits in this Section on the basis of application of the terms hereof to the home he owned as of the date of this Agreement.

(v) An employee qualified to participate in this property settlement and electing this Option A will notify the New Company within thirty (30) days of the date he is required to move providing evidence of ownership and length of such ownership, whereupon payment provided herein shall be made within thirty

(30) days thereafter.

Option (B) A qualifying home owner electing to exercise. Option (B) will be allowed the fair market value of his home upon delivery to the New Company or its nominee a good and sufficient title to the property. In addition for each year, over ten (10) years, the employee occupied his home prior to the date of transfer, he will be allowed an additional one per cent per year of the fair marker value, but not to exceed the number of years of continuing service with his employing Carrier party to this Agreement and not to exceed 25 per cent. As customary in real estate transactions, the home owner electing to dispose

of his home under Option (B) will furnish title thereto at his expense, satisfactory to the New Company or its nominee.

(2) If an employee is under contract to purchase his home, as of the date of this Agreement, the New Company shall protect him against any loss to the extent of the fair value of any equity he may have in the home and in addition shall relieve him of any further obligations under his contract.

(3) If an employee holds an unexpired lease of a dwelling occupied by him as his home, the New Company shall protect him from all loss and cost in securing the cancellation of his said lease.

© In the event of dispute arising over fair market value as referred to in Option (A) and (B), loss under a contract to purchase or loss and cost in securing termination of a lease, the following procedure will be followed in resolving the dispute:

A joint conference shall be arranged between the employee or representatives of the employees and the New Company within ten (10) days of the dispute arising. If they are unable to agree, the dispute may be referred by either party to a board of three competent real estate appraisers, selected in the following manner: One to be selected by the employee or the representatives of the employees and the New Company, respectively; these two shall endeavor by agreement within ten (10) days after their appointment to select the third appraiser, or to select some person authorized to name the third appraiser, and in the event of failure to agree then the president of the local board or association of realtors shall be requested to appoint the third appraiser. A decision of a majority of the appraisers shall be requited and said decision shall be final and conclusive. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings.

All other expenses sh~lI be paid by the party incurring them, including the salary of the appraiser selected by such party.

(d) The term "home" as used herein, means the single primary place of abode of an employee which is a structure consisting of not more than two (2) dwelling units (duplex) and located on a building sire of not more than one (1) acre and which is utilized for residential purposes only.

(e) In addition to the property settlement it is recognized that there will be certain moving expenses and time lost by an employee required to move. Therefore, any employee home owner or any employee who is maintaining a bona fide permanent residence required to move in pursuance of Item (a) hereof shall be paid for all expenses of moving his household and other personal effects and for the traveling expenses of himself and members of his family, including living expenses for himself and his family and his own actual wage loss during the time necessary for such transfer, and for a reasonable time thereafter, not to exceed six (6) basic days at the rate of last service performed, and in addition shall receive a transfer allowance of $500.00.

(f) Changes in place of residence subsequent to the initial change covered by the merger and which grow our of the voluntary exercise of seniority in accordance with working agreements are not comprehended within the provisions of this section.

(g) No employee will be eligible to participate more than once in the property and/or moving expense provisions hereof except in the event a protected employee is required by the New Company to move outside of his pre-existing senioritydistricta second time, then Section 11 of the Washington Job Protection Agreement and Item (e) hereof will apply to that move.

(h) The provisions of Section 11 of the Washington Job Protection Agreement and Item (e) hereof will be applicable in the case of a protected employee who is excluded from application of Section 6 because he does not own or is not purchasing a home as of the date of this agreement.

(i) Except as provided in Items (g) and (h) hereof, the provisions of Section 11 of the Washington Job Protection Agreement are not applicable.

(j) Employees in Military Service or employees temporarily our of service who maintain bonafide residences will come under the provisions of this Section upon the employee’s re-entrance to the service.

Section 7

Following the final effective date of the Commission’s Order and upon thirty (30) days notice by either party, representatives of the Brotherhood of Railroad Trainmen and the New Company shall make arrangements to meet for the purpose of agreeing on applying one of the existing schedule agreements covering employees who may be represented by the Brotherhood of Railroad Trainmen on the GN, NP, CB&Q and SP&S, on the New Company. It is understood such agreement will be subject to this Agreement and any implementing agreements and Disputes Committee decisions made pursuant thereto.

Negotiation of amendments to such schedule shall be confined to existing schedule rules in one of the four schedule agreements; other changes will be made in accordance with Section 6 of the Railway Labor Act.

It is further understood and agreed that this Section is not within the purview of Section 10 of this Agreement.

Section 8

The right of the New Company to transfer wbrk throughout the merged system is recognized. In consideration of the foregoing employee benefits, representatives of the Brotherhood of Railroad Trainmen will upon formal notice as contemplated by Section 4 of the Washington Job Protection Agreement, enter into implementing agreements providing for the use of employees, the allocation and rearrangement of forces, rearrangements and changes in seniority districts, terminals, terminal points, points of automatic release, switching limits and any other impediments to an integrated operation

any or all of which may be made necessary by changes for which protection is herein provided.

Section 9

(a) The purpose of this Section is to provide for the payment of allowances to eligible employees who thereupon shall retire and resign from the service of the Carriers and the New Company so as to create whatever vacancies may be needed to avoid losses in employment and to minimize the necessity for transfers. If the Carriers and/or the New Company exercise the option provided in this Section, it or they shall offer the opportunity to resign and accept a retirement allowance to employees in seniority order on the seniority district involved. Employees offered the opportunity to resign will nor be compelled to do so.

(b) 1. The amount of the retirement allowances shall be based upon the age of the eligible employee as of his nearest birthday on the date such allowance is offered. The amount of such allowance shall be:

For Employees Required by Agreement

To Retire at Age:

65 70 Allowance

60 and under 64 and under 12 months pay
61 65 10 months pay
62 66 8 months pay
63 67 6 months pay
64 68 and over 4 months pay

In determining retirement allowance, the appropriate number of months’ pay shall correspond with the earnings in the number of months provided immediately preceding the last day of compensated service.

2. For the purpose of this Section, the ages and birth dates of employees shall be those shown in the records of the employing Carriers.

© The term "eligible employee," as used in this

Section, means an employee who, on the date the allowance is offered, is then assigned to a position under agreement with the Brotherhood of Railroad Trainmen on one of the Carriers or on the New Company and is qualified to continue in service as an employee.

(d) The acceptance of the retirement allowance shall be at the option of the eligible employee to whom offered. Acceptance shall be in writing, shall be irrevocable and shall be received by the supervisor offering the allowance within fifteen (15) calendar days of receipt of such offer.

(e) An eligible employee who elects to accept and is awarded an allowance shall thereupon terminate his employment relationship with the employing Carrier, and the effective date of such termination shall be that date so specified by the employing Carrier, and such date shall be within thirty (30) days of the date of the offer, unless otherwise agreed by the parties hereto. A minimum of fifteen (15) calendar days advance notice of the date of termination of employment shall be given the employee offered a retirement allowance.

(f) The allowances provided in this Section shall be paid within sixty (60) calendar days of the date of the termination of employment relationship of the eligible employee, except that at the option of such employee the allowance will be paid in two (2) or three (3) equal annual installments.

(g) The retirement allowance herein provided for will be in addition to any vacation allowance to which an employee accepting said retirement allowance is entitled as of the date of his retirement.

(h) Sections 7 and 9 of the Washington Job Protection Agreement of May 21, 1936 shall not be applicable to employees subject to the provisions of this Agreement.

Section 10

For the purposes of the Great Northern Pacific & Burlington Lines merger, Section 13 of the Washington Job

Protection Agreement (Appendix A) is inapplicable and the following provisions shall apply in lieu thereof:

In the event any dispute or controversy arises between the Carriers and/or the New Company and the representatives of Brotherhood of Railroad Trainmen with respect to the provisions of an implementing agreement upon which the parties have failed to reach agreement in accordance with Section 8 of this Agreement, the interpretation or application of any provision of this Agreement or of the Washington Job Protection Agreement (except as defined in Section 6 of this Agreement) or of any implementing agreement entered into between the New Company and the representatives of the Brotherhood of Railroad Trainmen pertaining to the said merger or related transaction, which cannot be settled by the Carrier and/or the New Company and the representatives of the Brotherhood of Railroad Trainmen within thirty days after the dispute arises, such dispute may be referred by either party to a Disputes Committee for consideration and determination. Upon notice in writing served by one party on the other of intent by that party to refer the dispute or controversy to a Disputes Committee, each party shall, within ten (10) days, select a member of the Disputes Committee and the members thus chosen shall endeavor to select a neutral member who shall serve as Chairman. Should the members designated by the parties be unable to agree upon the appointment of the neutral member within ten (10) days, either party may request the National Mediation Board to appoint the neutral member, whose compensation and expenses shall be paid in accordance with existing law. If any party fails to select its member of the Disputes Committee within the prescribed time limit, such party’s Chief Executive Officer or his designated representative shall be deemed to be the seleQted member and the committee shall then function and its decision shall have the same force and effect as though all parties had selected their members. The Committee shall meet within fifteen (15) days of the selection or appointment of the neutral member and shall render its decision within sixty (60) days thereafter. The decision of the majority of th~ Disputes Committee shall be final and binding.

Section 11

This Agreement shall not be construed or used to prohibit or in any way limit the rights or obligations of the parties to modify or make changes in agreements affecting rates of pay, rules or working conditions to which the Carriers are parties and which may be effectuated through concerted or national handling in the railroad industry.

Section 12

This Agreement is intended to provide a fair and equitable arrangement for the protection of the interests of the Carriers’ employees represented by the Brotherhood of Railroad Trainmen as provided in Section 5(2)(f) of the Interstate Commerce Act, as amended.

Signed at Chicago, Illinois, this 14th day of December, 1965, and amended at Sr. Paul, Minnesota this 21st day of June , 1968.

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

/s/ G. C. McCoy APPROVED:

General Chairman

Chicago, Burlington & Quincy /s/ F. D. Tuffley

Railroad Company Vice President

/s/ E. M. Olson

General Chairman

Northern Pacific Railway

Company

/s/ James E. Hurley

General Chairman

Spokane, Portland and Seattle

Railway Company

/s/ J. A. Michels

General Chairman

Great Northern Railway Company

Following attachments are a part of this Agreement to the extent they are applicable:

Appendix A Washington Job Protection Agreement *

Rosters of Employees who may be represented by the organization party to the Agreement on each of the carriers involved entitled to preservation of employment, compensation and fringe benefits as of the date of this Agreement or subsequent thereto up to and including date of the ICC Order, and also indicating all employees on furlough or leave of absence, setting forth carrier by which employee is employed. **

Appendix C —Monthly allowance claim form

Appendix D Implementing Agreement No. 1

Appendix E Memorandum of Agreement

Re-Establishment of Special Boardof Adjustment

* — Only Sections 10 and 11 included in this booklet. ~— Nor included in this booklet.

 

Sections 10 and 11

Washington Job Protection Agreement

of May 21, 1936.

 

Section 10(a) Any employee who is retained in the service of any carrier involved in a particular coordination (or who is later restored to service from the group of employees entitled to receive a coordination allowance) who is required to change the point of his employment as result of such coordination and is therefore required to move his place of residence, shall be reimbursed for all expenses of moving his household and other personal effects and for the traveling expenses of himself and members of his family, including living expenses for himself and his family and his own actual wage loss during the time necessary for such transfer, and for a reasonable time thereafter, (not to exceed two working days), used in securing a place of residence in his new location. The exact extent of the responsibility of the carrier under this provision and the ways and means of transportation shall be agreed upon in advance between the carrier responsible and the organization of the employee affected. No claim for expenses under this Section shall be allowed unless they are incurred within three years from the dare of coordination and the claim must be submitted within ninety (90) days after the expenses are incurred.

(b) If any such employee is furloughed within three years after changing his point of employment as a result of coordination and elects to move his place of residence back to his original point of employment, the carrier shall assume the expense of moving his household and other personal effects under the conditions imposed in paragraph (a) of this section.

© Except to the extent provided in Paragraph (b) changes in place of residence subsequent to the initial changes caused by coordination and which grow out of the normal exercise of seniority in accordance with working agreements are nor comprehended within the provisions of this section.

Section ll(a) The following provisions shall apply, to the extent they are applicable in each instance, to any employee who is retained in the service of any of the carriers involved in a particular coordination (or who is later restored to such service from the group of employees entitled to receive a coordination allowance) who is required to change the point of his employment as a result of such coordination and is therefore required to move his place of residence:

1. If the employee owns his own home in the locality from which he is required to move, he shall at his option be reimbursed by his employing carrier for any loss suffered in the sale of his home for less than its fair value. In each case the fair value of the home in question shall be determined as of a dare sufficiently prior to the coordination to be unaffected thereby. The employing carrier shall in each instance be afforded an opportunity to purchase the home at such fair value before it is sold by the employee to any other party.

2. If the employee is under a contract to purchase his home, the employing carrier shall protect him against loss to the extent of the fair value of any equity he may have in the home and in addition shall relieve him from any further obligations under his contract.

3. If the employee holds an unexpired lease of a dwelling occupied by him as his home, the employing carrier shall protect him from all loss and cost in securing the cancellation of his said lease.

(b) Changes in place of residence subsequent to the initial change caused by coordination and which grow out of the normal exercise of seniority in accordance with working agreements are nor comprehended within the provisions of

 

© No claim for loss shall be paid under the provisions of this section which is not presented within three years after the effective date of the coordination.

(d) Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the loss under a contract for purchase, loss and cost in securing termination of lease, or any other question in connection with these matters, it shall be decided through joint conference between the representatives of the employees and the carrier on whose line the controversy arises and in the event they are unable to agree, the dispute may be referred by either party to a board of three competent real estate appraisers, selected in the following manner: One to be selected by the representatives of the employees and the carrier, respectively; these two shall endeavor by agreement within ten days after their appointment to select the third appraiser, or to select some person authorized to name the third appraiser, and in the event of failure to agree then the Chairman of the Interstate Commerce Commission shall be requested to appoint the third appraiser. A decision of a majority of the appraisers shall be required and said decision shall be final and conclusive. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the salary of the appraiser selected by such party.

 

 

 

IMPLEMENTING AGREEMENT NO. 1

Between

THE GREAT NORTHERN PACIFIC & BURLINGTON

LINES, INC.

And Its Employees Represented By

THE BROTHERHOOD OF RAILROAD TRAINMEN

THE ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN

THE SWITCHMEN’S UNION OF NORTH AMERICA

On the Lines of

THE GREAT NORTHERN RAILWAY COMPANY

THE NORTHERN PACIFIC RAILWAY COMPANY

THE CHICAGO, BURLI NGTON & QUINCY

RAILROAD COMPANY

THE SPOKANE, PORTLAND & SEATTLE

RAILWAY COMPANY

PACIFIC COAST R.R. CO.

Pursuant to Sections 1 and 8 of the Brotherhood of

Railroad Trainmen Agreement of December 14, 1965, of the

Order of Railway Conductors and Brakemen Agreement of

January 10, 1968, and the Switchmen’s Union of North America

Agreement of February 5, 1968, which agreements provide for

the protection of employees,

IT IS MUTUALLY AGREED:

ARTICLE 1. CONSOLIDATION OF SENIORITY DISTRICTS

On the final effective date of the Interstate Commerce Commission Order in Finance Dockets Nos. 21478, 21479 and 21480, all pre-existing seniority districts on GN, NP, SP&S and PC RR specified in existing collective agreements between the parties signatory hereto and pre-existing seniority rosters made pursuant to such agreements will be cancelled and abolished and new seniority districts and new seniority rosters will be established, as follows:

1. Five new seniority districts shall be established as shown in Attachment A hereto and be designated as follows:

(i) Lake Superior District

(Lines eastward from Sioux City, Yankton, Huron~ Aberdeen, Forbes, Barnesville, Staples, Cass Lake, International Falls and Bemidji to Dayton’s Bluff and Ashland, including Breckenridge to Aberdeen Line Jct. Staples to Wadena is joint with Minnesota District.)

(ii) Minnesota District

(Lines westward from Staples, (Breckenridge) and Cass Lake to Oakes, Streeter, Jamestown, Surrey, Devils Lake and Hansboro. LaMoure to Independence is joint with Montana-Dakota District.)

(iii) Montana—Dakota District

(Lines westward from Oakes, Jamestown, Surrey, Devils Lake and St. John to Opheim, Glasgow and Billings. Billings to Laurel is joint with Rocky Mountain District.)

(iv) Rocky Mountain District

(Lines westward from Glasgow and Billings to Troy and Paradise)

(v) Pacific District

(Lines westward from Troy and Paradise.)

Seniority districts on the lines of the Chicago, Burlington & Quincy Railroad Company shall remain as presently constituted, except as inay hereinafter be agreed to and subject to other provisions of this agreement and the Agreements for Protection of Employees.

2. Certain areas of the new seniority districts established by this Article shall be identified as "Zones" of such new seniority districts, as shown in Attachment B hereto and as prescribed by Article VI of this Agreement.

3. New seniority rosters for the new seniority districts shall be prepared on a basis of the relation-

ship of total yard service man hours or car miles in the consolidated districts to the total yard service man hours or car miles of each former seniority district thereby producing a seniority rearrangement equitable to the employees involved. Such new seniority rosters shall become a part of this Implementing Agreement No. 1, and be attached hereto and indentified as Attachment

C.

4. Intheapplicationofltem 3 of this Article, Chicago, Burlington & Quincy Railroad employees holding seniority as of the final effective date of the Interstate Commerce Commission’s Order on the LaCrosse Division will be allocated jobs in the consolidated Twin Cities terminal on an equitable basis as provided in Article II of this Agreement.

5. Chicago, Burlington & Quincy employees holding seniority as of the final effective date of the Commission’s Order on the Omaha Division will be allocated lobs in the present Great Northern Railway yard at Sioux City, Iowa on an equitable basis as provided in Article III of this Agreement.

6. The new seniority rosters established by this Article shall be amended from time to time to add the names of employees who hereafter acquire seniority with a Carrier party hereto and to remove the names of employees who leave the service of a Carrier party hereto but, nor later than January 1 and July 1 of each year.

ARTICLE Ii. ALLOCATION OF YARD ASSIGNMENTS

IN THE CONSOLIDATED TWIN CITIES

TERMINAL TO PROVIDE WORK

OPPORTUNITIES FOR FORMER CB&Q

DAYTON’S BLUFF YARDMEN

1. Present terminals and switching limits of the Great Northern, Northern Pacific and Chicago, Burlington and Quincy Railroads at Norrhtown

Minneapolis Sr. Paul and Dayton’s Bluff will be consolidated, as shown in Attachment D of this Agreement, on the final effective date of the Interstate Commerce Commission’s Order.

2. Computation of the total man hours worked during the test period in the yards which will hereafter comprise the consolidated terminal indicates the following:

GN -55%
NP —34%
CB&Q
11%

3. It is agreed that 11% of the yard assignments worked on day of consolidation will be designated as assignments of protected employees holding seniority at Dayton’s Bluff on the date of the consolidation. Employees protecting these assignments will be subject to schedule rules and agreements applicable to yardmen in the consolidated terminal, except they will not accumulate seniority in the Lake Superior District on other than their designated assignments.

4. Vacancies on the assignments will be filled by former Dayton’s Bluff protected employees when available. In the event former Dayton’s Bluff yardmen are nor available, vacancies will be filled from the Lake Superior District yardmen ‘s seniority roster at the Twin Cities. Lake Superior District employees filling~ such assignments will be subject to displacement by protected employees holding seniority at Dayton’s Bluff upon 24 hours’ notice.

5. Insofar as possible, assignments working at or out of Dayton’s Bluff will be designated as assignments for former Dayton’s Bluff yardmen. In event sufficient assignments are not established at Dayton’s Bluff yard additional assignments will be allocated to fulfill the 11% allocation.

6. A review of total yard assignments in the consolidated terminal will be conducted periodically to determine if adjustment is to be made in the total number of assignments allocated to former Dayton’s Bluff yardmen to properly represent the 11% of the total assignments due them. Such review will be made upon request of any of the local chairmen involved but not more than once per six (6) month period.

7. If separate extra lists are maintained within the consolidated yard, former CB&Q employees who are unable to hold regular assignments may work off the extra list protecting designated CB&Q assignments.

 

ARTICLE III.

ALLOCATION OF YARD ASSIGNMENTS IN THE CONSOLIDATED

SIOUX CITY-FERRY TERMINAL TO

PROVIDE WORK OPPORTUNITIES

FOR FORMER CB&Q OMAHA DWISION CONDUCTORS AND TRAINMEN

On the date of the merger, the limits of the present GN Sioux City Yard will be extended to include the present CB&Q yard at Ferry. This yard to include both legs of the wye at Laketon as shown on the sketch in Attachment D of this agreement.

It is agreed that effective with the date of change of terminals two five-day per week yard assignments at Sioux City will be designated as assignments of protected employees from the Omaha Division conductors’ and trainmen

seniority roster, who will be subject to schedule rules and agreements applicable to yardmen at Sioux City. These assignments as determined by mutual agreement between superintendent and local chairman will be:

(a) Assignment ‘‘Q—l", First Shift.

(b) Assignment "Q—2", Second Shift.

© If separate extra lists are maintained within the

consolidated yard, former CB&Q employees who are unable to hold regular assignments may work off the extra list protecting designated CB&Q assignments.

These assignments will be advertised by bulletin for a period of seven (7) days and will be available to all protected employees on the Omaha Division except that conductors will not be permitted to hold an assignment as yard helper when they can hold a regular assignment as conductor in the Ferry zone. The yard foreman assignments will not be subject to the provisions of Rule 72 © of existing CB&Q conductors’ and trainmen’s schedules but may be filled by Omaha Division road conductors placing bid for same or who are displaced.

In the event no bids are received from Omaha Division protected employees for bulletined assignments, assignments will be filled by Lake Superior District yardmen. In such case, the assignments will be subject to displacement only by Omaha Division protected employees upon 24 hours’ notice.

It is understood that designated CB&Q assignments working in Sioux City terminal will be given preference to all work south of Leach Avenue at Sioux City, including switching at Ferry when on duty.

ARTICLE IV - CONSOLIDATION OF TERMINALS OTHER THAN THROUGH ATTRITION

The switching limits listed as "Proposed" on Attachment D show (1) consolidation or extension of switching limits and/or (2) consolidation of terminals at points common to two or more of the merging railroads and shall become effective by the serving of thirty (30) days’ notice by the Great Northern Pacific and Burlington Lines on the Organizations party to this Agreement.

Separate notice may be served for each common point and specify to what extent the consolidation and/or extension will be made, it being understood this may occur in several successive steps at a single point, with switching limits not to be extended beyond the points designated as "Proposed" in Attachment D.

When the agreed to switching limits shown in attachment D become effective for the New Company, the existing switching limits at each such point shall be superseded.

1. Terminals and/or switching limits of the Northern Pacific, Great Northern and SP&S at Portland, Oregon—Vancouver, Washington.

2. Northern Pacific switching limits at Pasco, Washington.

3. Terminals and/or switching limits of the CB&Q, Great Northern, * Pacific Coast and Northern Pacific at the following locations:

a. Seattle, Washington (*Pacific Coast R.R. Co.

included at this location)

b. Auburn, Washington

c. Tacoma, Washington

d. Everett, Washington

e. Spokane, Washington

f. Butte, Montana

g. Helena, Montana

h. Grand Forks, North Dakota East Grand Forks, Minnesota

i. Fargo—West Fargo, North Dakota Moorhead—Dilworth, Minnesota

j. Duluth, Minnesota Superior—Allouez—East End, Wisconsin

k. Twin Cities—Dayton’s Bluff

1. Sioux City

4. Switching limits presently in effect on the Great Northern Railway shall be extended to include local switching presently performed by Northern Pacific road crews at the following locations:

a. Bellingham, Washington

b. Crookston, Minnesota

c. Wahpeton, North Dakota Breckenridge, Minnesota

d. St. Cloud, Minnesota

5. Switching limits in effect on the Northern Pacific Railway at Bemidji, Minnesota shall be extended to include local switching service performed by Great Northern Railway road crews at that location.

6. When road crews operate from or to any consolidated terminal or switching limits (including LaCrosse Division road crews operating through Dayton’s Bluff Yard into one of the other yards of the consolidated terminal in the Twin Cities and Omaha Division road crews operating to Sioux City, Iowa) such crews may make straight setouts inbound, pick up cars first out outbound at any yard or point within such consolidated terminal and within such consolidated switching limits.

7. It is recognized that employees in road service may be required to originate or terminate trains at any point within terminals and switching limits which are consolidated and/or extended pursuant to this Article IV.

NOTE: Section 7 recognizes that existing right on the separate railroads to originate or terminate trains at any point within a terminal is extended to the consolidated and/or extended terminals for the New Company.

8. It is recognized that employees in road and yard service may be required to go on and off duty at any designated point within terminals and switching limits which are consolidated and/or extended pursuant to this Article IV.

NOTE: In the application of Section 8, the New Company will designate the point or points within a terminal where crews will go on and off duty. This may vary for different pools or assignments and such designations

will be subject to change by the New Company. However, the point where a crew reports on duty on an outbound trip from a terminal will be the point at which the crew goes off duty on returning inbound trip. It is understood that yard crews will go off duty at the same point they go on duty.

9. Unassigned as well as assigned service may be operated out of Seattle for service between Seattle and Portland or intermediate points, including branch lines, through Auburn and Tacoma without application of automatic release rules; and unassigned as well as assigned service may be operated to or from Seattle through Auburn to or from points east of Auburn without application of automatic release rules.

10. If as a result of consolidation of terminal facilities or construction of new yard facilities, the road mileage is shorter than prior to the merger, protected employees as described in the Agreements for Protection of Employees will continue to be paid the pre-exisring mileage. All other employees will be paid on the basis of schedule rules.

11. The parties shall reach agreement covering the general implementation of guide lines governing points where final terminal delay payments shall begin at the time notice is served to consolidate terminals at common points.

12. In those cases where there is an extension of switching limits, in the event the Carrier desires to use yard crews to serve new industries located outside of such switching limits under the provisions of Article 6 of the National Agreements of May 25, 1951 and May 23, 1952, the four miles shall be measured from the agreed to switching limits in effect as of the date of those agreements.

Notwithstanding the establishment of new seniority districts and rosters as provided in Article I of this Agreement, all regularly assigned passenger train service in existence on the final effective date of the Interstate Commerce Commission Order in Finance Dockers Nos. 21478, 21479 and 21480 shall continue to be assigned on the basis of seniority existing prior to such final effective date as long as such regularly assigned passenger train service continues to be operated and as long as there are qualified employees with pre-existing seniority who exercise such seniority for this service.

ARTICLE VI - ZONES—ROAD SERVICE

1. It is recognized that there are no restrictions on the rights of the Great Northern Pacific & Burlington Lines in respect to the routing of trains and traffic, and the designation of Zones in Attachment B hereto is not intended to affect these rights.

2. It is recognized that the establishment of Zones is not a requirement that crew assignments in either assigned or unassigned service are to be confined to single Zones. For example, crews may operate between Dilworrh, Minnesota, and New Rockford, North Dakota, and between Troy, Montana and Spokane, Washington. When such crew assignments are established over more than one Zone, such service will be bulletined in the new seniority district involved and assignment made on the basis of seniority established pursuant to Article I, Section 3 of this Agreement.

3. The Zones hereby established are for the following purposes:

a. Preservation of all pre-existing terminals for unassigned freight service except those terminals subject to change pursuant to Article IV of this Agreement, or by means of the procedures or application of Sections 8 and

b. An employee exercising seniority within the consolidated seniority district will work under rules governing working conditions of the Zone to which he is assigned.

c. An employee lacking sufficient seniority to work in his selected Zone will not be required to exercise seniority in any other Zone unless not doing so would require the use of other than a protected employee in the other Zone; in which case the most junior employee in the consolidated seniority district so situated will be required to report to the Zone where needed.

NOTE: It is understood that surplus protected employees with pre-exisring prior rights as road brakemen will not be forced to move outside their zone to protect yard service if there are junior surplus protected employees with pre-existing interchangeable rights or with pre-existing switchmen rights only. The same principle will be applicable in protecting road service outside zone for men with preexisting prior rights as yardmen.

1. A protected employee whose assignment or turn is abolished or who is displaced and who is unable to obtain other employment through the exercise of seniority in the same zone, must notify the officer designated by the Carrier and request advice as to available employment in a different zone on his new seniority district. A protected employee who does not so notify the designated Carrier officer within forty-eight (48) hours after receiving notice of displacement or job abolishment, will nor be subject to the provisions of this paragraph. If there is employment available in a different zone which would otherwise require the employment of a non-protected employee, then the displaced protected employee will be required to exercise seniority in that zone. The protected guarantee of such protected employee will not be reduced if he reports and performs service in the new zone within a period of ten (10) days from the date he is advised by the Carrier officer. If the employment is not available to him within this ten (10) day period in the application of bulletin and assignment rules, the period will be extended to cover such additional time. If the employment in question is under bulletin, the employee must bid therefor, and commence working thereon within five (5) days of the expiration of the bulletin to preserve protection of guarantee.

4. A protected employee electing to work in his former seniority district who is unable to hold a job there will not be required to exercise seniority in the consolidated seniority district unless not doing so would require the use of other than a protected employee in the consolidated seniority district.

5. In the application of Section 3(b) of the respective protective agreements it is recognized that " . . . the failure to exercise seniorityto available service producing greater compensation in the same terminal where employed . . . is applicable to the employee’s selected zone except if classes of service performed by the protected employee during his test period producing greater compensation are available to him out of the same terminal where he worked during the test period, on basis of his seniority, then such loss of earnings shall be applied against the guarantee. However, the earnings of junior employees occupying such higher paid jobs shall be accounted against the senior employees on a one for one basis. Employees assigned to mileage regulated service such as pool freight and extra boards shall be considered as having exercised their seniority to its highest earnings capacity in such service when occupying a turn in such service.

6. A protected employee required to accept service in a Zone which is outside the confines of his former seniority district in order to protect guarantee will not be required to qualify on his own time.

7. If protected employees who are unable to hold jobs in their Zone but are required to exercise seniority outside their Zone to avoid use of other than protected employees, elect not to do so, they will forfeit their monthly guarantee but not their seniority.

ARTICLE VII - SURPLUS PROTECTED SWITCHMEN

1. A "Surplus Switchman" is a protected employee who does not have seniority in road service and who cannot hold a regularly assigned position or the switchmen’s extra board without changing his place of residence as provided by Sections 3(a) and 6(a) of the Agreements for Protection of Employees. (Surplus status shall not be treated as a furlough under the applicable rules of the Schedule Agreement.)

2. For the purposes of this Article, the "Zone" of a surplus switchman is the Territory encompassed within a radius of thirty-five (35) miles of the point such surplus switchman last reported for service.

3. If after applying the bulletin and assignment rules on the new seniority district in the usual manner, the New Company deems additional switchmen are needed in a zone where there are no surplus switchmen available for recall except by transfer in accordance with Section 6(a) of the Agreements for Protection of Employees, the following procedures may be invoked by the New Company:

i. A bulletin may be posted at all yard offices in zones on the same new seniority district where there are surplus switchmen, advertising the number of switchmen desired from each such zone and from the new seniority district. The bulletin will state whether the available switching service is regular or extra list, and if regular it will include the starting time, days off, size of crews needed, point of going on and off duty and a brief description of the general work comprehended by the assignment. Switchmen submitting bids under these bulletins shall be placed in accordance with their seniority and if necessary will be transferred to the new zone under Section 6(b) of the Agreements for Protection of Employees.

ii. If no bids or an insufficient number of bids are received, the New Company may request in writing for the junior surplus switchmen to take the remaining service in their seniority districts.

A surplus switchman requested to accept an available position in his district must exercise one of the following options within ten (10) calendar days of receipt of written request by the New Company:

a. Make the transfer with all benefits under Section 6 of the Agreement and the current Schedule rules covering movement.

b. Forfeit all of the benefits of the Agreements for Protection of Employees for a period not to exceed six (6) months.

Where surplus switchmen do not exercise their options within the specified ten (10) days, Option b will apply.

A surplus switchman who becomes subject to Option b shall have all benefits of the Agreements for Protection of Employees restored prior to the expiration of the punitive six (6) months, if he secures a regular assignment or a position

on an extra board, as of the first date he receives such assignment or position.

If in application of this section a junior switchman becomes subject to Option b, the remaining service may be offered to other surplus switchmen, but the other surplus switchmen will not be required to forfeit any benefits of this Agreement should they elect not to accept positions offered.

4. Although it is the intention of Section 3 of the Agreements for Protection of Employees to offset from the guarantees of switchmen all employment opportunities in yard service which are available to such switchmen, such an offset will apply to extra list switchmen who decline extra service at a point more than thirty (30) normal travel route miles from the yard where employed only in instances where the Carrier offers such switchmen a travel allowance of one hour’s pay at the pro rata helpers’ rate for each thirty (30) normal travel route miles (or major portion thereof) to and from the distant point involved.

NOTE 1: When a Protected Employee declines service at a point more than thirty (30) normal travel route miles from the yard where employed, the travel allowance will not be used to offset the guarantee.

NOTE 2: It is understood and agreed that individual employees will receive protective benefits in accordance with provisions contained in an Agreement for Protection of Employees negotiated by an organization representing such individual employees prior to merger.

NOTE 3: It is understood that surplus protected employees with pre-existing prior rights as road brakemen will not be forced to move outside their zone to protect yard service if there are junior surplus protected employees with pre-existing interchangeable

rights or with pre-existing switchmen rights only. The same principle will be applicable in protecting road service outside zone for men with pre-existing prior rights as yardmen.

ARTICLE VIII — SCHEDULE AGREEMENTS

Until such time as schedule agreements for employees employed by the Great Northern Pacific and Burlington Lines are negotiated in accordance with Section 7 of the Agreements for Protection of Employees or until other arrangements are made, the existing separate schedule agreements shall be applied in the following manner:

i. At yards situated at other than common points, the schedule previously applicable to switchmen employed at such yards shall continue to apply to switchmen employed by the New Company at such yards.

ii. At yards situated at common points, the New Company shall designate the existing separate schedule agreement which shall apply to each crew, assignment and/or extra list, provided that unless otherwise agreed the ratio of the number of crews, assignments and/or extra lists covered by any existing separate schedule agreement shall approximate the ratio of switchmen previously covered by such agreement to the total number of switchmen employed at such common point.

iii. In road service, the agreement applicable to the Zone in which working shall govern. In service which operates over road territory of two or more of the former employing Carriers, the Agreement applicable on the former employing Carrier having the greater mileage represented in such run shall apply.

 

ARTICLE IX — TERMINAL FACILITIES

The parties shall reach agreement covering the

general implementation of guidelines governing terminal facilities at consolidated terminals at common points such as, but not limited to, individual lockers, sanitary toilet facilities, parking space where available, etc.

ARTICLE X — EFFECT OF THIS AGREEMENT

This Agreement is hereby made a part of the respective Agreements for Protection of Employees.

This Agreement meets and satisfies the requirement of Section 1(a) of the respective protective agreements that the parties enter into an agreement covering the general implementation ofguidelines governing the matters enumerated therein; and accordingly, the respective protective agreements and this Implementing Agreement No. 1 are final and binding on all parties.

Signed at Sr. Paul, Minnesota, this 9th day of May , 1968.

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

/s/ G. C. McCoy

General Chairman

Chicago, Burlington & Quincy Railroad Co.

/s/ R. M. Amundson

Acting General Chairman

Northern Pacific Railway Company

,I~/ James E. Hurley

General Chairman

Spokane, Portland & Seattle Railway Co.

APPROVED:

/s/ F. D. Tuffley

Vice President

B.R.T.

FOR THE SWITCHMEN’S UNION OF NORTH AMERICA:

/s/ George J. Kelley

General Chairman

Great Northern Railway Company

 

Consolidated Seniority Districts

Section 1 CONSOLIDATED DISTRICTS

On the effective date of this Agreement the seniority lists for employees represented by the signatory organization.s from the seniority districts of the former Great Northern, Pacific Coast, Northern Pacific, and Spokane, Portland & Seattle Railway Companies, hereinafter referred to as GN, PC, NP and SP&S, respectively, shall be consolidated in such manner as to reflect the allocation of equity in the consolidated seniorky territory commensurate with the percentage of work units contributed by the respective former districts, pursuant to Section 6 below.

a.) The consolidated seniority districts shall henceforth be known and hereinafter referred to as:

i. Lake Superior District

ii. Minnesota District

iii. Montana Dakota District

iv. Rocky Mountain District

v. Pacific District

Section 2 ZONES ROAD SERVICE

a.) For the exercise of employees’ seniority, the consolidated districts shall be subdivided into Zones which correspond with the former seniority districts as set forth herein.

b.) For the purpose of this Agreement and the continued exercise of seniority in the consolidated districts, consolidated district employees will be governed by conditions prevailing within the Zone which seniority or conditions of the service place them.

c.) Zones within the consolidated districts shall henceforth be identified as follows:

i. Lake Superior District

Zone 1 Service out of Duluth—Superior (Former NP Lake Superior and Former GN Mesabi First)

Zone 2 Former NP St. Paul, East

Zone 3 Former GN Willmar Third

Zone 4 Former GN St. Cloud Second

Zone 5 Former GN Sioux City Fourth

ii. Minnesota District

Zone 1 Former GN Dakota, Sixth, and Northern, Fifth

Zone 2 Former GN Breckenridge, Seventh

Zone 3 Former NP Sr. Paul, West

Zone 4 Former NP Fargo, First

iii. Montana Dakota District*
Zone 1 Glasgow—Williston portion of former GN
Old Montana, Ninth
Zone 2 Former GN Minot, Eighth
Zone
3 Former NP Yellowstone (1st, 2nd, 3rd
and 4th Districts)
Zone 4 Former NP Fargo, Second

iv. Rocky Mountain District*

Zone 1 Former GN Kalispell, Eleventh

Zone 2 Former GN Butte, Tenth

Zone 3 Former GN Cut Bank—Glasgow portion of Old Montana, Ninth

Zone 4 Former NP Rocky Mountain

Zone 5 Former NP Old Montana and

Yellowstone, fifth

v. Pacific District

Zone 1 Embraces all service for which Seattle will

be source of supply Former GN Cascade

14th, including former Pacific Coast R.R. Co.

District "B" thereof; and former NP Seattle

District.

Zone 2 Embraces all service for which Tacoma will be source of supply former NP

Tacoma District.

Zone 3 Embraces all service east of Spokane for which Spokane will be the source of supply-former Idaho East (including Camas Prairie) and former GN Spokane 12th East.

f Zone 4 Embraces all service west of Spokane for which Spokane or Pasco will be source of supply former NP Idaho West; former SPS 3rd Sub-Division; and former GN Spokane

12th West.

Zone 5 Embraces all service for which Wishram or Portland—Vancouver will be the source of

supply—SPS except 3rd Sub-Division.

Zone 6 Embraces all service for which Klamath Falls will be source of supply former GN

Klamath 15th.

Zone 7 King Street Station.

Section 3 CONSOLIDATED SENIORITY EQUITIES ROAD SERVICE

a.) In recognition of the rights of both parties transfer of work and/or rerouting of traffic on the one hand and rearrangement of work forces on the other —. the equity and right to follow work resulting from, but not limited to, diversion of traffic, consolidations of operations and/or facilities the former seniority roster as defined in Section 1, above, shall be consolidated on the basis of the following percentage ratios:

b.) Lake Superior District

Former NP Lake Superior

Former GN Mesabi First

Former NP St. Paul East ______________
Former GN Willmar, Third ______________

Former GN Sioux City, Fourth ______________ 7o

Former GN St. Cloud, Second ______________

1.) Each and every block of ( ) names on the consolidated seniority list will encompass

( ) former NP Lake Superior employees, ) former GN Mesabi First employees,

( ) former NP Sr. Paul East employees, ) former GN St. Cloud,Second,employees,

) former GN Willmar, Third employees, and ( ) former GN Sioux City Fourth employees and the former seniority rosters shall be dovetailed in that order.

2.) When a former seniority list has been exhausted, the positions allocated to that former district will be distributed equally among the remaining rosters to be dovetailed and/or allocated to the remaining roster should all other rosters be exhausted.

3.) See Articles II and III of Implementing Agreement No. 1 for equities of former CB&Q employees in work at the Twin Cities and Sioux City—Ferry.

c.) Minnesota District

Former GN Northern Fifth

Former GN Dakota Sixth

Former GN Breckenridge

Seventh

Former NP Sr. Paul West _______________ 7o

Former NP Fargo First

1.) Each and every block of ( ) names on the

consolidated seniority list will encompass former GN Northern, Fifth employees, former GN Dakota Sixth employees, former GN Breckenridge Seventh employees,

) former NP St. Paul West employees, and _______ ( ) former NP Fargo First employees and the former seniority roster shall be doverailed in that order.

2.) See (b) (2) above.

d.) Montana Dakota District*

Former GN Minot, Eighth

Former NP Yellowstone (lst,

2nd, 3rd & 4th Districts) ________________

Former NP Fargo, Second ______________

1.) Each and every block of _______ ( ) names on the consolidated seniority list will encompass

( ) former GN Minot Eighth employees and ______ ( ) former NP Yellowstone (ist, 2nd, 3rd and 4th Districts), ( ) former NP Fargo Second employees and the former seniority rosters shall be dovetailed in that order.

2.) See (b) (2) above.

e.) Rocky Mountain District*

Former GN Kalispell Eleventh ______________
Former GN Butte Tenth ______________

Former GN Old Montana, Ninth ______________ 7o

Former NP Rocky Mountain ______________

Former NP Old Montana and Yellow- _____________ stone, 5th)

1.) Each and every block of ( ) names on the consolidated seniority list will encompass

former GN Kalispell Eleventh employees, _______ former GN Butte Tenth employees, _______ ) former GN Old Montana, Ninth employees, ( ) former NP Rocky Mountain employees, and ( ) former NP Old Montana and Yellowstone 5th, and, the former seniority rosters shall be dovetailed in that order.

2.) See (b) (2) above.

f.) Pacific District

Former NP Seattle District _______________
Former NP Tacoma District ______________ 7o
Former NP Idaho West ______________
Former NP Idaho East ______________
Former GN Cascade, Fourteenth ______________

Former GN Spokane, Twelfth ______________
Former SP&S System Lines ______________

1.) Each and every block of _______ ( ) names on the consolidated seniority list will encompass

former NP Seattle District employees,

( ) former NP— Tacoma District employees,

( ) former NP Idaho West employees,

) former NP Idaho East employees,

former GN Cascade Fourteenth Districts "A" and "B" employees, ( ) former GN— Spokane Twelfth employees, and _______ ( ) former SP&S System Lines employees and the former seniority rosters shall be dovetailed in that order.

2.) See (b) (2) above.

3.) Former GN Klamath Fifteenth, and King Street Passenger Station pre-existing seniority rosters shall be retained; however on the effective date of this Agreement the consolidated seniority roster will be placed immediately below the most junior protected employee on each of the pre-existing rosters thus, through the process of attrition, permitting the consolidated district to absorb these prior right territories.

Section 4 - CONSOLIDATED SENIORITY EQUITIES YARD SERVICE

a.) In recognition of the rights of both parties referred to in Section 3(a) of this Agreement, the former seniority rosters as defined in Section 1 above, shall be first consolidated on a dovetail basis on the former railroads and then the rosters thus established shall be further consolidated on a dovetail basis for each of the respective districts set forth in Section 1(a), subject to NOTE under Section 7 hereof.

Section 5 CONSOLIDATED SENIORITY EQUITIES ROAD AND YARD SERVICE

Employees who hold rights in both road and yard service will be shown on the consolidated seniority rosters established by both Sections 3 and 4 hereof.

Section 6 — SENIORITY

a.) On and subsequent to the effective date of this Agreement other than protected employees will be placed on the consolidated seniority roster with a seniority date pursuant to provisions of schedule rules governing the craft of employees involved.

b.) All assignments to service in the consolidated district shall be made on the basis of consolidated seniority governing that district.

 

Section 7 MISCELLANEOUS

The figures needed to complete Articles II and III of Implementing Agreement No. 1 and Section 3 of this Attachment B will be inserted upon determination of the protected employees’ equities.

NOTE 1: Section 3 of Attachment B of Implementing Agreement No. 1 is amended to provide that in the event the interested General Committees agree on a different arrangement for an equitable cons olidation of rosters for any of the new districts as outlined therein, then agreement will be entered into to cover such consolidation of rosters.

NOTE 2: Protected Employees on Consolidated Roster for Rocky Mountain District will have prior rights to employment on the Glasgow—Williston portion of former GN Old Montana, Ninth.

  

Attachment "D"

This Attachment D" covers agreed-to consolidation or extension of switching limits and/or consolidation of terminals at following common points, referred to in Articles II, III and IV.

Duluth—Superior Twin Cities

Bemidji Crooks ton

St. Cloud

Sioux City—Ferry
Wahpeton—Brec kenridge
Dilworth—Moorhead—Fargo—We st Fargo
Grand Forks—East Grand Forks

Butte

Spokane Helena

Pasco

Bellingham
Everett—Delta—Lowell

Seattle

Auburn

Tacoma

Portland—Vancouver

 

 

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Duluth—Superior

Present

West (South)

NP MP 145+1432

(Third Subdivision)

 

NP MP 9+3632

(Second Subdivision)

 

GN MP 11+2494

(6155 ft. west of

 

 

Saunders Interlocking

 

 

Tower)

East (North)

NP MP 61+1331

Ashland Line

 

NP MP 0+00

(DM&IR connection

 

 

Second Subdivision)

Proposed

West

(South)

Third Subdivision

MP 145 +1432

 

 

Second Subdivision

MP 9+3632

 

 

Sixth Subdivision

MP 6+610

 

 

St. Paul Line

MP 11+2494

East

(North)

Ashland Line

MP 61+1331

 

 

Second Subdivision

MP O-~OO

 

 

 

 

 

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Twin Cities

Present

 

West

NP MP 2+3733 (Mpls.—M&D Jct. Line)
NP MP 16+270 (First Subdivision)
GN MP 17 (2638 ft. west of west switch,
Fridley) (East Side Line)
GN MP 1+1 164 (5636 ft. west of Jct. switch)
(Osseo Line)
GN MP 19+3597 (3597 ft. west of MP 19 md.
Hopkins Line) (Willmar Line)

North

NP MP 5+3270 (Duluth Line)

East

NP End of track

GN End of track

CBQ MP 426.67 (Tail track switch connection with

main line at Oakland)

Propo

sed

West

Osseo Line MP 1+1 164 Willmar Line MP 19+3597

North

Staples Line MP 17*00

East

Mpls.—M&D Jct. MP 2+3733 Line
Duluth Line MP 5+3270

South

Chicago Line MP 426.67

The following industrial and interchange limits now obtaining on the Burlington should be continued: Omaha and CGW Yard near State Street, and Western Avenue. Milwaukee Yard through Oakland. St. Paul Bridge & Terminal Yard through Hoffman Avenue Also the present Burlington Pulling and Pushing limits for trains when stopped at home signal at Oakland, would continue for the new company.

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Bemidji

Present

East

GN

MP

92-i- 636

(3,450 ft. east of Washington

 

 

 

 

Avenue crossing)

 

NP

MP

92+5214

 

West

GN

MP

87+1913

 

 

NP

MP

97+3127

 

Proposed

Consolidated limits as described would be the consolidated limits for the new company.

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Crook stan

Present

East

GN MP 31-801 NP MP 65+1219

(1215 ft. east of NP crossing)

South

GN Ada Line

GN Halstad Line

MP 7914757

(2018 ft. east of M&N Jct.)

MP 6414831

(2554 ft. east of M&N Jct.)

North

GN MP 3±1048

(14276 ft. west of north wye

switch) (Noyes Jct.)

West

GN MP 841-47

NP MP 70+1028

(550 ft. west of west wye switch)

(Fisher Line Jct.)

Proposed

The consolidated limits as shown will apply for the new company.

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Sioux City—Ferry

Present

East

(North)

GN MP 218+4969

(1830 ft. east of Illinois

 

 

 

Central crossing near

 

 

 

Leeds)

West

(South)

CB&Q MP 0.50

(Wye on O’Neill Line)

 

 

CB&Q MP 102.75

(South wye switch)

 

Proposed

Present limits as described would be the consolidated limits for the new company.

 

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Wakpeton —Breckenridge

Present

East

GN

MP

212+1674

(12946 ft. east of depot

 

 

 

 

Breckenridge)

 

NP

MP

72+5078

 

West

GN

MP

0+72

(5604 west of depot

 

 

 

 

Wahpeton) (Fargo Line)

 

GN

MP

3+207

(13,164 ft. west of depot

 

 

 

 

Wahper on)

 

 

 

 

(Casselton Line)

 

NP

MP

76+759

 

 

 

 

Proposed

The consolidated limits as shown will apply for the new company.

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Di Iworth—Moorhead

Fargo—West Fargo

Present

East

GN

NP NP

MP

MP
MP

201-4611

25014860
0-971

(7002 ft. east of Moorhead

depot) (Fergus Falls Line)

(St. Paul Div.)

(Fargo Div.)

West

GN

NP

MP

MP

4+ 1964

10+2513

(23121 ft. west of Fargo

Passenger depot)

(Surrey Line)

(Main Line)

North

GN

GN

MP

MP

26+1299

1+583

(15905 ft. west of Fargo

Passenger depot)

(Grand Forks Line)

(8774 ft. north of

Moorhead depot)

(Halstad Line)

South

GN

NP

MP

MP

411-4177

0+5 102

(10059 ft. south of

Moorhead depot)

(Brushvale Line)

(Fargo S. W. Branch)

 

Proposed

East

Fergus Falls Line MP

Former St. Paul Div.MP

Former Fargo MP

20-t4611

25 01-4860
0-971

West

Surrey Line Main Line

MP MP

4+1964

16+1628

North

Grand Forks Line

Halstad Line

MP MP

26+1299

1+583

South

Brushvale Line Fargo

.W. Branch

MP MP

41+102

0+5102

 

 

 

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Grand Forks East Grand Forks

Present

East

GN

NP

MP

MP

105+777’

92+1210’

(8030 ft. east of East Grand
Forks depot) (Crookston
Line)

West

GN

MP

111t463.3’

(5078 ft. west of PA Tower)

Devils Lake Line)

North

GN

NP

MP

MP

1+16’

97+2305’

(3464 ft. north of north wye

switch) (Neche Line)

South

GN

MP

97+1364’

(8557 ft. south of PA Tower)

(Fargo Line)

Proposed

East

Crookston Line

MP 102+4736’

 

Manitoba Jct. Line

MP 92+1210’

West

Devils Lake Line

MP 1+4802’

 

 

(14,173 ft. west of PA Tower)

North

Neche Line

MP 5+2764’

 

Pembina Line

MP 98+5243’

South

Fargo Line

MP 96+1337’

 

 

(13,868 ft. south of PA

 

 

Tower)

 

 

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Spokane

Present

East

GN MP 1470+3901 (10,032 ft. east of Hillyard
Depot)

NP MP 64+5248

West

GN MP 1481+134 (8,508 ft. west of Ft. Wright
Depot)

NP MP 14-4217

SPS MP 376.87 (Fort Wright)

South

GN MP 7+4982 (33,277 ft. west of Inland
Jct. Switch)
(Coeur d’Alene Branch)

End of Track (5485 ft. east of Inland Jct.
Switch) (Moscow Branch)

 

NOTE: Present end of track is 2589 ft. east of Inland Jct

switch. Remainder of track has been abandoned.

 

NP None (Fort Sherman Branch)

Proposed

East

Troy Line

Paradise Line

Opportunity Line

MP 1470+3901

MP 45 (Rathdrum)

Opportunity Line —End of Track

West

Seattle Line

Pasco Line

Former SPS

MP 1481+134

MP Pt4217

MP 374 (approx. 3 miles east of verlook)

South

Coeur d’Alene Branch

Fort Sherman Branch

Moscow Branch

MP 7-14982

MP 1

End of track

 

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Butte

Present

East

NP

MP

67+2791

 

 

 

GN

MP

276+225 9

(990 ft. east

of east switch,

 

 

 

 

Woodville)

 

West

NP

MP

2+350

 

 

 

GN

MP

286+7152

(end of track)

Proposed

The consolidated limits as shown will apply for the new company.

 

 

 

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Helena

Present

East

NP

MP

236+896’

 

West

NP

MP

2-14581’

 

North

GN

MP

2 12+1582’

(2838 ft. east of NP

 

 

 

 

transfer switch)

South

GN

MP

2 15+1141’

(8586 ft. west of west

 

 

 

 

wye switch)

Proposed

East

Former

NP

MP

236+896’

West

Former

NP

MP

4

North

Former

GN

MP

210

South

Former

GN

MP

216+941’

 

 

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Pasco

Present

East

NP MP

139+1798

(Main Line)

 

SPS MP

1+3994

 

West

NP MP

1+2392

(Main Line)

 

SPS MP

1+2392

 

South

NP MP

1+3994

(Walla Walls Branch)

 

 

 

Proposed

Same as present

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Bellingham

Present

South

GN

MP

92+2106

(20,400 ft. south of Train

 

 

 

 

Order signal at depot)

 

NP

MP

22+2481

(End of track)

North

GN

MP

100+1065

(15,540 ft. north of Train

 

 

 

 

Order signal at depot)

 

NP

MP

15+2949.5

 

Proposed

The consolidated limits as shown above will apply for the new company.

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Seattle—Auburn—Tacoma

Present

Seattle

North

GN

MP 8t109

(7557 ft. east of Ballard

 

 

 

Depot)

 

NP

MP 12+2090

(Fifth Subdivision)

South

GN

MP 4 +2350

(5000 ft. south of Argo)

 

NP

MP 5+818

(Second Subdivision)

Auburn

North

NP

MP

2O-i-3667

(Second Subdivision)

South

NP

MP

24 +795

(Second Subdivision)

East

NP

MP

100 +4794

(First Subdivision

Tacoma

North

NP

MP 37 +1878

(Second Subdivision)

 

GN

MP 37 +1832

(5815 ft. north of

 

 

 

Reservation Signal Tower)

South

NP

MP 3 +920

(Pt. Defiance Line)

 

 

MP 7

(Prairie Line)

 

GN

MP 6t1692

(4419 ft. south of South

 

 

 

Tacoma Depot)

 

 

North

Everett Line

MP

8+109

 

Sumas Line

MP

12 +2090

South

Tacoma Line

MP

12+00

East

Yakima Line

MP

100 +4794

Auburn and Tacoma

The consolidated limits as shown above will apply for the new company.

GREAT NORTHERN PACIFIC BURLINGTON LINES

PROPOSED SWITCHING LIMITS

Portland—Vancouver

Present

Vancouver, Wn.

East

SP&S MP 13.16

(Eavan)

 

South

End of track

(Portland)

North

NP MP 134+1116

(Seattle) Line

 

 

West

SP&S

MP

2.1.3

South

SP&S

End of track

East

Eavan NP 13.16

North

Vancouver MP 132 + 1260 (Seattle Line)

West

Portland MP 2.13

South

Portland End of track

 

 

 

 

 

 

 

 

 

 

 

Appendix E

MEMORANDUM OF AGREEMENT

Between

ORDER OF RAILWAY CONDUCTORS AND

BRAK EMEN

BROTHERHOOD OF RAILROAD TRAINMEN

SWITCHMEN’S UNION OF NORTH AMERICA

And

BURLINGTON NORTHERN INC.

 

IT IS HEREBY AGREED:

(a) On the date that Implementing Agreement No. 1 becomes effective, there shall be established a Special Board of Adjustment (hereinafter referred to as the "Board"). This Board is designed to minimize grievances in the application and administration of the respective merger protective agreements, and also the Implementing Agreement No. 1 between the parties hereto dated May 9, 1968, and shall have jurisdiction of and shall hear and decide any dispute between the parties hereto which would otherwise be referable to one of the Disputes Committees provided in Section 10 of respective Merger Protective Agreements.

(b) The Board shall consist of one member. The Carrier and the Organization agree that Paul D. Hanlon shall be the one member of the Board. -

© The term of appointment of Paul D. Hanlon as the Board shall be for a period of three years following the date on which the Board is established. He will be eligible to serve for subsequent terms of two years each in the event the parties to this Agreement so agree. Otherwise, a successor shall be selected for a succeeding two-year term as prescribed in paragraph (d) of this Agreement. The succeeding Board member shall serve for a two-year period unless the parties agree to additional terms.

(d) In the event of termination of the appointment of Paul D. Hanlon as the Board member, for any reason, the parties shall meet within thirty (30) days of the commencement of the vacancy and mutually agree upon a successor. Should the parties be unable to agree upon a successor of the Board within forty-five (45) days of the vacancy, the parties, or either of them, shall request the National Mediation Board to assign a new Board member who has had experience on the National Railroad Adjustment Board. Subsequent successors as members of the Board shall be agreed upon or selected as prescribed herein above.

(e) The compensation and expenses of the Board member shall be borne half by the New Company and half by the Organizations.

(f) Any dispute referred to in paragraph (a) hereof, and not settled on the property, may be referred by any party to this Agreement to the Board for decision. It is understood that proceedings before this Board shall be considered as instituted when one party gives notice to the others of its invocation of the services of this Board in the particular dispute or disputes to be decided.

(g) When one party gives notice to the others of its invocation of the services of this Board, the Board, the Carrier and Interested Employee Representatives shall meet and begin hearings on the particular dispute or disputes to be decided within thirty (30) days of the giving of said notice. The Board shall meet and hold its hearings at such points as may be determined by the Carrier and Employee Representatives.

(h) The Board, Carrier and Employee Representatives shall establish the rules of procedure for itself, except as otherwise provided herein. The Board upon approval of Carrier and Employee Representatives, shall have the authority to employ secretarial and other assistance and incur such other expenses as it deems necessary for the proper conduct of its business.

(i) The Board shall hold hearings on each dispute submitted to it. Due notice of such hearings shall be given to all the parties. At such hearings, the parties may be

It is understood that the proposed extensions of switching limits at Spokane to MP 45 (Rathdrum) on the NP line to St. Paul is to include any new yard facilities which may be constructed by the New Company east of Spokane. It is further understood that the New Company will not serve the 30-day notice required by Article IV of Implementing Agreement No. 1 unless new yard facilities are constructed.

It was agreed that in the event the New Company locates new yard facilities at Hauser, Idaho, or vicinity, Protected Employes who are employed in Spokane or Hillyard on the date of consummation of the merger shall be afforded free transportation from the general area of their former work locations to Hauser and return or a mileage allowance in lieu thereof.

It is also understood that the proposed extension of switching limits at Seattle to MP 12 is to include any new yard facilities which may be constructed by the New Company south of Seattle. The New Company will not serve the 30-day notice required by Article IV of Implementing Agreement No. 1 unless new yard facilities are constructed.

The proposed extension does not contemplate including present Pacific Coast R. R. road territory within New Company switching limits at Seattle. The existing switching limits on the Pacific Coast will be encompassed as a part of the consolidation of the Seattle terminal. If the Carriers or the New Company find that an extension of switching limits on the present Pacific Coast R. R. is necessary, then notice for a further implementing agreement will be served.

LETTER OF INTENT NO. 2

It is agreed and understood that Article VI of Implemenring Agreement No. 1 does not contemplate the New Company operating road crews in unassigned freight service throughpre-existingterminalrelease points (as such terminals are recognized in the application of pre-existing rules agreements), except as specifically provided in said Implementing Agreement No. 1.

LETTER OF INTENT NO. 3

It is agreed that as an interim arrangement until the respective committees of the labor organizations agree on a method of consolidating seniority rosters for the new seniority districts, the existing seniority rosters will be consolid’ated on a dovetail basis using seniority dates as brakemen for both road brakemen and road conductors rosters.

These rosters as thus established will govern the exercise of seniority during the interim period commencing on the date the merger becomes effective.

During this interim period if the New Company requires a protected employee to take a job off his pre-existing seniority district which on a permanent basis would mean a change in residence under the protective agreements to protect his guarantee, and this arrangement lasts for more than sixty (60) days without an agreement having been reached by the committees of the labor organizations on the permanent consolidation of seniority rosters, the employee if he requests may receive the benefit of moving and real estate protection. If after the permanent consolidation of rosters,further move is then required to protect his guarantee, the temporary move will not be considered in the application of the protective agreement.