MERGER IMPLEMENTING
AGREEMENT
 
between the
 
 
UI,VON PAC3FIC/MISSOURI PACIFIC RAILROAD COMPANY
CHICAGO AND NORTH WESTERN RAILWAY COMPANY
 
and the
 
UPCTED TRANSPORTATION UNION
 
 In Finance Docket No. 32123, the Interstate Commerce Commission (ICC) approved
 the acquisition  and control of the Chicago and North Western Raitway Company (CNW)
 by the Union Pacific/Missouri Pacific Railroad Company (Union Pacific or UP). In order
 to achieve the benefits of operational changes made possible by the transaction and to
 modify pretransition labor arrangements to the extent necessary to obtain those benefits,
 IT IS AGREED:
 
 1. Seniority and Work ConsQUAlml. To achieve the work efficiencies and
 allocation of forces that are necessary to make the merged Carrier operate
 efficiently as a unified system, the following seniority consolidations will be made:
 
 A. St. Louis, MIJ%wd
 
  1. (a) The CNW employees assigned to CNW yard assignments at
 Madison, Illinois, on September 1, 1995, including any extra
 board assignments, will be placed on the bottom of Missouri
 Pacific (MP) Merged Roster No, I and will have prior rights to
 the former CNW regularly assigned yard assignments at
  Madison. Should those former CNW assignments be
 abolished or consolidated with other MP assignments, the
 former CNW employees will have no prior rights, Any newly
 established assignment will not be subject to prior rights. The
 Carrier will not be required to assume any additional costs in
 the application of the prior rights requirement, including not
 having to use prior rights employees at the overtime rate of
 pay when non-prior rights employees are available at the
 straight time rate of pay,
 
 (b) Both MP employees and former CNW employees may work all
  assignments covered by Merged Roster No. I and may work
 all assignments protected by the MP St. Louis extra board. All
 employees and all assignments will work under the MP
 
 
 
 


 
 
 
 Agreement all in accordance with the employees' seniority on
 Merged Roster No. 1 , subject to prior rights.
 
 NOTE: Prior rights will not apply to assignments on nor
  operation of the MP Merged Roster #1 extra board at
 St. Louis.
 
 
 2. (a) The CNW employee(s) assigned to the Monterey Mine
  assignment on September 1, 1995, will be placed on the
 bottom of the Chicago and Eastern Illinois (C&EI) road roster
 at St. Louis and will have prior rights to the Monterey Mine
 assignment, if regularly asigned. Should ths assQnaient be
 abolished or consolidated with other C&EI assignments, the
  former CNW employee(s) will have no prior rights. Any newly
 established assignment will not be subject to prior rights. The
 Carrier will not be required to assume any additional costs in
 the application of the prior rights requirement, including not
 having to use the prior rights employee at the overtime rate of
 pay when a non-prior rights employee is available at the
 straight time rate of pay.
 
 (b) Both C&EI and the former CNW employee may work the
  Monterey Mine Assignment, may work all assignments covered
 by the C&EI road roster and may work all assignments
 protected by the C&EI extra board at St. Louis. All employees
 and all assignment will workunder the &EI Agreement all A
 accordance w1ith the employees' seniority on the C&EI road
 roster at St. Louis, subject to prior rights.
 
 NOTE: Prior rights vAll not apply to assignments on nor
 operation of the C&EI extra board at St. Louis.
 
  3. (a) The number of employees assigned to work South Pekin,
 Illinois, to St. Louis (in through freight only, excluding power
 plant operabons) on September 1, 1995, will be transferred to
 St. Louis and will be placed on the bottom of the C&EI road
 roster at St. Louis and vAH have prior rights to a maxiaturn of
  three positions in the new St Louis to Chicago/South Pekin
 pool, Any newly established assignments will not be subject
 to prior rights. The Carrier will not be  required to assume
 additional costs in the application of the prior rights
 requirement inclucling the use of a prior right employee at the
 
 
 
 


 
 
 
 overtime rate of pay when a non-prior rights employee is
 available at the straight time rate of pay.
 
 (b) Both C&EI employees and former CNW employees may work
 all assignments in the new SL Louis to Chicago/South Pekin
 Pool, may work all assignments protected by the C&EI road
 roster(including the Monterey Mine assignment) and may work
 all assignments protected by the St. Louis extra board
 (including the Monterey Mine asignment). All employees and
 all assignments will work under the C&EI Agreement all in
  accordance with the employees'seniority on the C&EI roster
 at St. Louis, subject to prior rights.
 
 NOTE: Prior rights vAll not apply to assignments on nor
  operation of the C&EI extra board at St. Louis.
 
 B. Kansas City, Missouli
 
 1 (a) The CNW employees assigned to CNW yard assignments at
 Kansas City on September 1, 1995, will be placed on the
 bottom of the MP Consolidated Roster and will have prior
 rights to the former CNW yard assignments. Should those
 former CNW assignments be abolished or consolidated with
 other MP assignments, those former CNW employees will
 have no prior rights. Any  newly established assignments will
 not be subject to prior rights. The Carrier will not be required
 to assume adcribonal costs in the application of the prior rights
  requirement, including the use of a prior rights employee at the
 overUme rate of pay when a non-prior rights employee is
 available at the straight Ume rate of pay.
 
  (b) Both MP employees and former CNW employees may work all
 assignments covered by the Consolidated Roster and may
 work all assignments protected by the Consolidated Roster
 extra boards, All employees and all assignments will work
 under the MP Agreement all in accordance with the
 employees' seniority on the Consolidated Roster, subject to
 pdor rights.
 
 NOTE: These prior rights will not be applicable to
 assignments on  nor operation of the two MP extra
 boards at Kansas City.
 
 
 

 
 
 
 
 2. (a) The number of CNW employees assigned to road service work
 between Kansas City and Des Moines (currently
 headquartered at Kansas City) on September 1, 1995, and
 the CNW employees on the CNW extra board at Kansas City,
 will all be placed on the bottom of the MP Consolidated Roster
  and will have prior rights to their percentage in the new
 Kansas City to Omaha Metro Complex (OMC)/Des Moines
 pool. The percentage will be as follows: 50% for the MP
 Consolidated Roster and 50% for the former CNW employees.
 The percentage for the former CNW employees need not be
 maintained as those employees attrite or are unavailable. Any
 newly established assignments will not be subject to prior
 rights. The Carrier will not be required to assume additional
 costs in the application of the prior rights requirement,
 including the use of a prior rights employee at the overtime
 rate of pay when a non-prior rights employee is available at
  the straight time rate of pay.
 
 NOTE: These prior rights will not be applicable to
 assignments on nor operation of the MP extra boards
  at Kansas City.
 
 (b) Both MP employees and former CNW employees may work all
 assignments in the Kansas City to OMCIDes Moines pool, may
 work  all assignments protected by the MP Consolidated
 Roster, and may wod( aH assignments protected by the MP
 Consolidated Roster extra boards, All employees and all
  assignments will work under the MP Agreement all in
 accordance with the employees'seniority on MP Consolidated
 Roster, subject to prior rights.
 
 C. Chicago, Illinois Comp-lu
 
 1 . A new consolidated Chicago Terminal Complex (CTC) seniority roster
 will be established to protect all non-through freight yard or extra
 board assignments headquartered within the CTC, The CTC is
 defined in Article 111,
 
 2. The new CTC seniority roster will consist of the following employees:
 
 (a) All C&EI employees working in Chicago on September I
 1995;
 
 
 

 
 
 
 
  (b) All CNW employees on the Chicago Freight Terminal #7
 Roster;
 
 (c) The number of CNW Eastern #1 employees working in
  Chicago on September 1, 1995; and,
 
 (d) The number of CNW Northeastern #2 employees working in
 Chicago on September 1, 1995.
 
  NOTE 1: Vorking in Chicago" is defined as holding an
 assignment (non-through freight, yard, or extra board)
 with an on-duty point within the territory of the new CTC
 as defined in Article 111,
 
 NOTE 2: One Eastern-1 extra board employee for each
 four Eastern-1 employees transferred to the CTC and
 one Northeastem-2 extra board employee for each four
 Northeastern-2 employees transferred to the CTC will
 also be transferred to the new CTC roster.
 
 3. (a) Employees identified in Paragraph 2, above, will be placed on
 the new CTC seniority roster in the following manner:
 
 (1) Employees identified in 2(a), (c) and (d), above, will be
 dovetailed based upon the employee's train service
  date. If this process results in employees having
 identical seniority dates, seniority will be determined by
 the employee's service date.
 
 (2) The dovetailed list in (1), above, will be placed on the
 bottom of the CNW Chicago Freight Terrninal #7 Roster
  creating the new CTC roster.
 
 (b) Each employee placed on the new CTC roster will be provided
 prior rights to their former work now included in the CTC.
  Current asignments retained in the new CTC will not be
 rebulletined, Should any former assignments subsequently
 be abolished or consolidated with other CTC assignments,
 there will be no prior rights to those assignments. Any newly
 established assignments will not be subject to prior rights, The
 Carrier will not be required to assume additional costs in the
 application of the prior rights requirement, including the use of
 a prior rights employee at the overtme rate of pay when a non-
 
 
 


 
 
  prior rights employee is available at the straight time rate of
 pay. The new CTC seniority roster will indicate prior rights in
 the following manner:
 
 NOTE: Prior rights will not apply to assignments on nor
 operation of the CTC extra board.
 
 EXAMPLE (assumes rover only has five people on it):
 
 
 Prior Rights to which Assignments
 Roster Chicago Northm
 Name Ranking Freight  Eastern#1 Eastern#2 CHI
 Termlnal#7
 
 Jonev it #1 X
 Smith, L. #2 X
 Ames, G. #3  X
 -Bailey, T. #4 X
 Moore, K. #5 X
 
 (c) All employees placed on the CTC roster may work all
 assignments protected by the new CTC roster and may work
 all assignments protected by the new CTC, extra board. All
 employees and all assignments will work under the CNW
 Agreement all in accordance with the employee's seniodty on
  the new CTC roster, subject to prior rights,
 
 (d) New employees hired and placed on the CTC, roster
 subsequent to the adopbon of the CTC will be governed by the
 CNW collective bargaining agreement but will have no prior
 rights to any assignments within the CTC; will have no  rights
 to any CNW Eastern #1 9 CNW Northeastern #2 nor C&EI
 asignments outside of the CTC; wHI rank below all prior right
  employees on the roster and will have seniority to all
 assignments headquartered within the CTC,
 
 D, Qmaha
 
 I . UP/UTU Roster #1 will be expanded to protect all assignments
 headquartered within the Omaha Metro Complex (OMC) or which
 
 


 
 
 
 have the OMC as the source of supply. The OMC is defined in
 Article Ill.
 
  2. The new UP/UTU Merged Roster #1 will consist of the following
 employees:
 
 a. All UP employees on the current UP/UTU #11;
 
 b. All CNW employees assigned to work behyeen the 0MC and
 Worthington, Minnesota (including assignments at Sioux City,
 Iowa; Sergeant Bluff, Iowa; and Dakota City, Iowa) on
  September 1, 1995;
 
 NOTE: "Assigned to work between Worthington,
 Minnesota and the OMC* is defined as holding an
  assignment ahrough freight, non-through freight, yard
 or extra) with an on-duty point within the territory
 between Worthington and the OMC.
 
  C. All CNW employees working an assignment headquartered
 within the OMC on September Is 1995;
 
 NOTE 1: NWorking an assignment headquartered
  within the OMCw is defined as holding an assignment
 (non-through freight, yard or extra board) with an on-
 duty point within the territory of the OMC,
 
 NOTE 2: nWorking an assignment headquartered
 within the OMC6 is also defined as the CNW
 assignments working to Norfolk, Nebraska., from
 Fremont, Nebraska, and the CNW assignment at
 Norfolk.
 
 de The number of CNW employees assigned to work on the east-
 west main line between the OIVIC and Clinton, Iowa, on
 September 1, 1995,
 
 NOTE 1 @Assigned to work on the east - west main line
 between Clinton and the 01VIC" is defined as those
 through freight assignments with either Clinton or
 Boon% lowa, as  the preimplementation home terminal
 and with either Boone, Clinton, Fremont or Council
 Bluffs as the preirnplementation away-from-home
 
 
 


 
 
 
 terminal. Pre-implementabon extra board assignments
 at Clinton and pre-implementation extra board
 assignments at Boone are also included in this
  dennIon.
 
 NOTE 2: One extra board employee from the Boone
 extra board for each three Boone through freight
 service employees transferred to UP/UTU Merged
 Roster #1 will also be transferred to UP/UTU Merged
 Roster #11.
 
  NOTE 3: One extra board employee from the Clinton
 road service extra board for each three Clinton through
 freight service employees transferred to UP/UTU
 Merged Roster #1 will also be transferred to UP/UTU
 Merged Roster #11.
 
 3. (a) Employees identified in Paragraph 2, above, will be placed on
 the new UP/UTU Merged Roster #1 in the following manner:
 
 (1) Employees identified in 2(b), (c) and (d), above, will be
  dovetailed based on the employee's train service date.
 If this results in employees having identical seniority
 dates, seniority will be