Mikrut

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. St. Louis, Missouri
      1. 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. 1 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.
      2. Both MP employees and former CNW employees may work all assignments covered by Merged Roster No. 1 and may work all assignments protected by the MP St. Louis extra board. All employees and all assignments will work under the MP Agreement 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 No. 1 extra board at St. Louis.
    1. The CNW employee(s) assigned to the Monterey Mine assignment on September 1, 1995, will be placed on the bottom of the Chicago and Eastern Illinois (C&EI) road roster at St. Louis and will have prior rights to the Monterey Mine assignment, if regularly assigned. Should the assignment 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.
    2. Both C&EI employees 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 assignments will work under the C&EI Agreement in accordance with the employees’ seniority on the C&EI road roster at St. Louis, subject to prior rights.
      • NOTE: Prior rights will not apply to assignments on nor operation of the C&EI extra board at St. Louis.
    1. The number of employees assigned to work South Pekin, Illinois, to St. Louis (in through freight only, excluding power plant operations) on September 1, 1995, will be transferred to St. Louis and 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 a maximum 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, 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.
    2. Both C&EI employees and former CNW employees may work all assignments in the new St. 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 assignment). All employees and all assignments will work under the C&EI Agreement in accordance with the employees’ seniority on the C&EI roster at St. Louis, subject to prior rights.
      • NOTE: Prior rights will not apply to assignments on nor operation of the C&EI extra board at St. Louis.
  1. Kansas City, Missouri
      1. The CNW employees assigned to CNW yard assignments at Kansas City on September 1, 1995, will be placed on the bottom of the Missouri Pacific (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 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.
      2. 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 in accordance with the employees’ seniority on the Consolidated Roster, subject to prior rights.
        • NOTE: These prior rights will not be applicable to assignments on nor operation of the two MP extra boards at Kansas City.
    1. 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.
    2. Both MP employees and former CNW employees may work all assignments in the Kansas City to OMC/Des Moines pool, may work all assignments protected by the MP Consolidated Roster, and may work all assignments protected by the MP Consolidated Roster extra boards. All employees and all assignments will work under the MP Agreement in accordance with the employees’ seniority on the MP Consolidated Roster, subject to prior rights.
  1. Chicago, Illinois Complex
    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 III.
    2. The new CTC seniority roster will consist of the following employees:
      1. All C&EI employees working in Chicago on September 1, 1995;
      2. All CNW employees on the Chicago Freight Terminal #7 Roster;
      3. The number of CNW Eastern #1 employees working in Chicago on September 1, 1995; and
      4. The number of CNW Northeastern #2 employees working in Chicago on September 1, 1995.
      • NOTE 1: “Working 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 III.
      • NOTE 2: One Eastern-1 extra board employee for each four Eastern-1 employees transferred to the CTC and one Northeastern-2 extra board employee for each four Northeastern-2 employees transferred to the CTC will also be transferred to the new CTC roster.
      1. 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 identical seniority dates result, seniority will be determined by the employee’s service date.
        2. The dovetailed list described above will be placed on the bottom of the CNW Chicago Freight Terminal #7 Roster, creating the new CTC roster.
      2. Each employee placed on the new CTC roster will be provided prior rights to their former work now included in the CTC. Current assignments retained in the new CTC will not be rebulletined. Should any former assignments subsequently be abolished or consolidated with other CTC assignments, there will be no prior rights to those assignments. 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: Prior rights will not apply to assignments on nor operation of the CTC extra board.

EXAMPLE (assumes rover only has five people on it):

Name Roster Ranking Prior Rights to which Assignments
Chicago Freight Terminal #7 Eastern #1 Eastern #2 CHI
Jonev, I. #1 X
Smith, L. #2 X
Ames, G. #3 X
Bailey, T. #4 X
Moore, K. #5 X
  1. 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 in accordance with the employee’s seniority on the new CTC roster, subject to prior rights.
  2. New employees hired and placed on the CTC roster subsequent to the adoption 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, CNW Northeastern #2, nor C&EI assignments outside of the CTC; will rank below all prior right employees on the roster and will have seniority to all assignments headquartered within the CTC.
  1. Omaha
    1. 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 III.
    2. The new UP/UTU Merged Roster #1 will consist of the following employees:
      1. All UP employees on the current UP/UTU #11;
      2. All CNW employees assigned to work between the OMC 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 (through freight, non-through freight, yard or extra board) with an on-duty point within the territory between Worthington and the OMC.
      3. All CNW employees working an assignment headquartered within the OMC on September 1, 1995;
        • NOTE 1: “Working an assignment headquartered within the OMC” 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: “Working an assignment headquartered within the OMC” also includes CNW assignments working to Norfolk, Nebraska from Fremont, Nebraska, and the CNW assignment at Norfolk.
      4. The number of CNW employees assigned to work on the east-west main line between the OMC and Clinton, Iowa on September 1, 1995;
        • NOTE 1: “Assigned to work on the east-west main line between Clinton and the OMC” is defined as through freight assignments with either Clinton or Boone, Iowa as the pre-implementation home terminal and with either Boone, Clinton, Fremont or Council Bluffs as the pre-implementation away-from-home terminal. Pre-implementation extra board assignments at Clinton and Boone are also included.
        • 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.
        • 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.
      1. Employees identified in Paragraph 2 above will be placed on the new UP/UTU Merged Roster #1 in the following manner:

        1. Employees identified in 2(b), (c) and (d) above will be dovetailed based on the employee’s train service date. If this results in employees having identical seniority dates, seniority will be determined by the employee’s Company service date.
        2. The dovetailed list described above will be placed on the bottom of the UP/UTU Roster #11.
        • NOTE 1: Employees affected by the dovetailing of seniority in 3(a) above will be transferred to the OMC in accordance with operational needs.
        • NOTE 2: All CNW employees placed on the bottom of the UP/UTU Roster #1 will also be placed on the bottom of all rosters, both road and yard, that comprise Zone 100.
      2. Each employee placed on the new UP/UTU Merged Roster #1 will retain their current assignment (if operated) and will be provided prior rights. Prior rights will also include new operations established in accordance with Article III, Section A, Paragraph (1), but prior rights will not apply to assignments on nor operation of the UP extra boards at the OMC. Should any former CNW assignment be abolished or consolidated with UP assignments, the former CNW employees will have no prior rights to those assignments. 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. The UP/UTU Merged Roster #1 seniority roster will indicate prior rights in the following manner:

    EXAMPLE (assumes only five people on the roster):

    Name Roster Ranking Prior Rights to which Assignments
    UP/UTU Roster #1 CNW within OMC CNW OMC to Worthington CNW East/West Main Line
    Brown, J. #1 X
    Green, S. #2 X
    Black, C. #3 X
    White, P. #4 X
    Blue, F.L. #5 X
    1. All employees placed on the UP/UTU Merged Roster #1 may work all assignments (regular or extra) protected by the new roster. All employees and all assignments will work under the UP Agreement in accordance with the employee’s seniority on the new roster, subject to prior rights.
    2. New employees hired and placed on the new UP/UTU Merged Roster #1 subsequent to the adoption of this Agreement will be governed by the UP Agreement, will have no prior rights to any assignment protected by the new roster, will rank below all prior rights employees on the roster, and will have seniority rights to all assignments protected by the new roster.
      1. The expanded UP/UTU Merged Roster #1 will enable the Carrier to address necessary operational efficiencies and economies in the territory and on the following trackage: the existing UP/UTU Seniority District #11; the OMC as defined in Article III; the east-west main line from the OMC to Clinton, including the trackage from Des Moines to Mason City; and the north-south main line from the OMC to Worthington, Minnesota, including the trackage to Dakota City.
      2. The inclusion of the trackage OMC to Clinton and the trackage Des Moines to Mason City will not preclude employees from other seniority districts from performing service on that trackage.
    1. Eldsmest
      1. A new CNW Midwest seniority roster will be created to address necessary operational efficiencies and economies on the following lines: Mason City, Iowa to Butterfield, Minnesota; Allendorf, Iowa to Briceland, Iowa; Hartley, Iowa to Goldfield, Iowa; Forest City, Iowa to Belmond, Iowa; Kanawha, Iowa to Belmond, Iowa; Dows, Iowa to Cladon, Iowa; Mason City, Iowa to Somers, Iowa; Eagle Grove, Iowa to Ames, Iowa; Ellsworth, Iowa to Jewell, Iowa; Mallard, Iowa to Grand Junction, Iowa; Albert City, Iowa to Rolfe, Iowa; Royal, Iowa to Laurens, Iowa; Coulter, Iowa to Clarksville, Iowa; Iowa Falls, Iowa to Alden, Iowa; Oelwein, Iowa to Waterloo, Iowa; Marshalltown, Iowa to Steamboat Rock, Iowa; Marshalltown, Iowa to Powerville, Iowa; Marshalltown, Iowa to Albia, Iowa; Hampton, Iowa to Sheffield, Iowa; Des Moines, Iowa to Yale, Iowa; Des Moines, Iowa to Woodward, Iowa; and Des Moines, Iowa to Bondurant, Iowa. In addition, trackage from Des Moines to Mason City and trackage from Grand Junction to Clinton is included in the new Midwest seniority district.
      2. The new Midwest Seniority District will consist of the following employees:

        1. The number of CNW Southern #3 employees working in the Midwest territory on September 1, 1995 (less those transferred to other districts in accordance with this Agreement);
        2. The number of CNW Central #5 employees working in the Midwest territory on September 1, 1995 (less those transferred to other districts in accordance with this Agreement).
        • NOTE: “Working in the Midwest territory” is defined as holding an assignment (through freight, non-through freight, yard or extra board) with an on-duty point within the territory of the new Midwest seniority district.
      1. Employees identified in Paragraph 2 above will be placed on the new Midwest seniority roster based upon the employee’s train service seniority date. If this process results in employees having identical seniority dates, seniority ranking will be determined by the employees’ Company service dates.
      2. All employees placed on the new Midwest seniority roster may work all assignments (regular or extra) protected by the Midwest roster. All employees and all assignments will work under the CNW (proper) Agreement.
    2. The inclusion of the trackage Grand Junction to Cedar Rapids and Des Moines to Mason City will not preclude employees from other seniority districts from performing service on that trackage.
    • F. Seniority and Service Rights
      • The following will apply to employees transferring from CNW to UP (Sections A, B and D of this Article I) and to employees transferring from UP to CNW (Section C of this Article I):

        • (a) All train service seniority with the employees’ original railroad will be eliminated.
        • (b) Seniority with the employees’ new railroad will be established in accordance with the provisions of this Article I.
        • (c) The employees will be treated for vacation, entry rates and payment of arbitraries as though all their time in train service on their original railroad had been performed on their new railroad.
        • (d) Employees with engine service seniority on their original railroad will forfeit that seniority. Engine service on the employees’ new railroad will be established either following the same relative standing as on the original railroad or as provided for in the UTU National Agreement.

          • NOTE: Subparagraph (d) is contingent upon the implementing agreement for the other operating craft organization.
        • (e) The seniority consolidations provided for in this Article I will result in the elimination of CNW Southern #3 seniority district. CNW Freight Terminal #7 and the C&EI Chicago Yard seniority districts will also be eliminated and made part of the new CTC seniority district. The UP/UTU Seniority District #1 will also be eliminated and will become the basis for the new UP/UTU Merged Roster #1 seniority district.
        • (f) CNW employees placed on the bottom of a C&EI or MP roster under Sections A and B of this Article I will be placed on the roster in the same seniority order they held on the CNW.
        • (g) After the initial placement on a new roster in accordance with the procedures set forth in Article V below, no additional employees hired prior to the date of this Agreement will be permitted to place on another roster under the provisions of this Agreement.
    • IL New Operations
      • A. The following new operations may be implemented in accordance with the provisions set forth in this Article II:

        • (1) Under the UP Agreement with the OMC as the home terminal:

          • OMC–Clinton, OMC–Boone, OMC–Ames, OMC–Nevada, OMC–Des Moines, OMC–Mason City, OMC–Worthington, OMC–Sioux City, OMC–Sergeant Bluff, OMC–North Platte, OMC–Grand Island including the “picker pool”), OMC–Marysville
          • NOTE: The current North Platte–Fremont and North Platte–Council Bluffs doubleheaded interdivisional pools will cease operations when replaced by an OMC–North Platte and North Platte–OMC operation, with the understanding these pools may be re-established by the Carrier.
        • (2) Under the UP Agreement with Boone as the home terminal:

          • Boone–Clinton
        • (3) Under the MP Agreement with Kansas City as the home terminal:

          • Kansas City–OMC/Des Moines
          • NOTE: This will be a single pool with alternative destinations (see Article I, Section B3).
        • (4) Under the C&EI Agreement with St. Louis as the home terminal:

          • St. Louis–Chicago/South Pekin
          • NOTE 1: This will be a single pool with alternative destinations (see Article I, Section A3).
          • NOTE 2: The current St. Louis–Chicago operation is a guaranteed pool. The guarantee and outset adjustments for the new pool operation will be paid and adjusted in accordance with Side Letter #1 of the Villa Grove Interdivisional Run Arbitration Agreement.
        • (5) On the territory covered by the CNW Agreement:

          • (a) Twin Cities (home terminal) to Worthington (far terminal)
          • (b) Any Midwest Seniority District location to any other Midwest Seniority District location
          • (c) Waukegan (home terminal) to Clinton (far terminal)

            • Waukegan as the on-duty/off-duty point with transportation to/from the power plants at Waukegan and Pleasant Prairie
            • NOTE: Employees working in the Waukegan–Clinton pool freight service will be from both CNW Eastern #1 and CNW Northeastern #2. Pool equalization will be 71% Eastern #1 and 29% Northeastern #2. Either road extra board may be used to fill vacancies or perform hours-of-service relief.
          • (d) South Pekin (home terminal) to Clinton
          • (e) Chicago (CTC) (home terminal) to Clinton/South Pekin

            • NOTE: CTC to Clinton/South Pekin will be a single pool with alternative destinations.
      • B. The terms and conditions of the new operations set forth in Section A are as follows:

        • 1. Miles Run – Miles paid shall be the actual miles run. Actual miles run to/from the OMC will be calculated in accordance with Attachment A.
        • 2. Basic Day / Rate of Pay – The November 1, 1991 Implementing Agreement (UTU) provisions apply, including applicable entry rates.
        • 3. Overtime – Paid in accordance with Article IV of the November 1, 1991 Implementing Document (UTU).
        • 4. Transportation – Provided in accordance with Section (2)(c) of Article IX of the October 31, 1985 National Agreement (UTU).
        • 5. Meal Allowance and Eating Enroute – Governed by Sections 2(d) and 2(e) of Article IX of the October 31, 1985 National Agreement (UTU), as amended by the November 1, 1991 Implementing Agreement.
        • 6. Suitable Lodging – Provided by the Carrier in accordance with applicable agreements identified in Article II.
        • 7. Held-away-from-home terminal time – Up to a maximum of eight (8) hours in every twenty-four (24) hour period beginning after the first sixteen (16) hours.
        • 8. Through freight service – Rotary pool freight service with blueprint board provisions.

          • Employees are not run-around if used on the train for which called.
          • NOTE 1: Item B7 will not apply to the OMC–North Platte or North Platte–OMC operations. Traditional HAHT payments will continue.
          • NOTE 2: Item B2 will reflect the CNW rate of pay for operations governed by the CNW Agreement.
    • C. Work trains, local and road switcher service may be established to operate in turnaround service or to operate from any location to any other location within any seniority territory outlined in Article I. Should this service be desired by the Carrier and the desired service would cross seniority lines, such service may be implemented upon five (5) days’ notice by the Carrier to the involved General Chairmen. The service will be manned by employees from the seniority territory where the home terminal of the assignment is located. The involved local chairmen may make arrangements for the equalization of work; however, such equalization must be cost neutral to the Carrier.
    • D. All pool freight and all other road service crews may receive and/or leave trains anywhere within the boundaries of the terminal of their runs in accordance with the provisions of all national agreements.

      • NOTE: “Anywhere within the terminal” is defined to include the CTC and OMC as those complexes are defined in Article III and to include the consolidated terminals of St. Louis, Kansas City, and South Morrill.
    • E.

      • 1. Turnaround service / Hours of Service relief for the new operations listed in Section A, above, may be performed as follows:

        • (a) When crews are heading toward the home terminal, the protecting extra board may be used.
        • (b) When crews are heading toward the far terminal, an extra board at that terminal, if available, may be used in any direction out of the extra board point. The first-out away-from-home terminal crew also may be used.

          • NOTE 1: Crews used for this service, whether extra or in the pool, may be used for multiple “dog catches” during a tour of duty.
          • NOTE 2: When the first-out away-from-home terminal crew completes this service, the crew may be used for either a through train or for additional turnaround service / Hours of Service relief. Any crew used for two consecutive turnaround service / Hours of Service relief jobs will be placed first out after rest for a through train or deadheaded back to the home terminal.
      • 2. Nothing in this Section E prevents the use of other employees to perform work currently permitted by other agreements, including but not limited to yard crews performing Hours of Service relief within the road/yard zone, ID crews performing service and deadheads between terminals, traveling switch engines (TSEs) handling trains within their zones, and using an employee from a following train to work a preceding train.
    • F.

      • 1. The new operations listed in Section A, above, may be implemented separately, in groups, or collectively, upon five (5) days’ notice by the Carrier to the involved General Chairman.
      • 2. The new operations listed in Section A, above, may be run by the Carrier in pool service, extra service, or any other type of service necessary to meet the demands of the service and/or customer requirements.
    • III. Terminals / Complexes

      • A. Kansas City

        • (a) The existing switching limits at Kansas City will now include the CNW rail line to CNW Mile Post 500.3.
        • (b) All road crews (MP, including former CNW, and UP) may receive/leave their trains at any location within the boundaries of the new Kansas City consolidated terminal and may perform work anywhere within those boundaries. The Carrier will designate the on/off duty point(s) for road crews.
        • (c) All yard assignments in the new consolidated Kansas City terminal will be governed by the MP Agreement and manned by MP employees from the MP Consolidated Roster, subject to the prior rights requirement of Article I.
        • (d) All rail lines, yards and/or sidings within the new consolidated Kansas City terminal will be considered common to all crews working in, into and out of Kansas City. All crews may perform all permissible road/yard work. Interchange rules do not apply for intra-carrier moves within the consolidated terminal.
      • B. St. Louis

        • (a) The existing switching limits at St. Louis will now include the CNW rail line to CNW Mile Post 144.
        • (b) All road crews (MP and C&EI, including former CNW) may receive/leave their trains anywhere within the new St. Louis consolidated terminal and may perform work anywhere within those boundaries. The Carrier will designate the on/off duty point(s).
        • (c) All yard assignments in the new consolidated St. Louis terminal will be governed by the MP Agreement and manned by MP employees from MP Merged Roster #1, subject to prior rights.
        • (d) All rail lines, yards and/or sidings within the consolidated St. Louis terminal will be considered common to all crews. All permissible road/yard moves are allowed. Interchange rules do not apply for intra-carrier moves.
      • C. Chicago Terminal Complex (CTC)

        • 1. The new consolidated Chicago Terminal Complex (CTC) will include all trackage described, encompassing Waukegan, Geneva, Joliet, Chicago Heights, Griffith, Gary Yard, and connecting parallels.
        • 2. All road crews (CNW and C&EI) may receive/leave trains anywhere within the CTC and may perform work anywhere within its boundaries. The Carrier will designate on/off duty points.
        • 3. All yard and non-through freight assignments headquartered within the CTC will be governed by the CNW Agreement and manned by employees from the CTC seniority roster, subject to prior rights.
        • 4. All rail lines, yards and sidings within the CTC will be considered common to all crews. All permissible road/yard moves are allowed. Interchange rules do not apply for intra-carrier moves.
      • D. Omaha Metro Complex (OMC)

        • 1. The new consolidated Omaha Metro Complex (OMC) will include trackage from Fremont to Omaha/Council Bluffs, Missouri Valley, and designated CNW extensions.
        • 2. All road crews (UP, including former CNW, and MP) may receive/leave trains anywhere within the OMC and may perform work within those boundaries. The Carrier will designate on/off duty points.
        • 3. All yard and non-through freight assignments headquartered within the OMC will be governed by the UP Agreement and manned by employees from UP/UTU Merged Roster #1, subject to prior rights.
        • 4. All rail lines, yards and sidings within the OMC will be common to all crews. All permissible road/yard moves are allowed. Interchange rules do not apply for intra-carrier moves.
        • 5. UP and CNW terminals at Omaha/Council Bluffs are consolidated into a single UP-controlled terminal. UP switching limits will include CNW rail line to Mile Post 345.0.
      • E. South Morrill

        • 1. South Morrill will be a consolidated terminal between UP Mile Posts 156.8 and 166.0. All road crews may receive/leave trains and perform work within the boundaries.
        • 2. Provisions for operations include extended receive points, mileage limits, crew responsibilities, actual miles paid, and governed terminal delay rules.
        • 3. Other employees may perform work as permitted by agreements, including TSE operations and extra board usage.
      • F. General Conditions

        • 1. Initial and final terminal delays at Kansas City, St. Louis, Chicago, and Omaha will be governed by applicable collective bargaining agreements.
        • 2. Employees will be transported to/from their trains to designated on/off duty points.
        • 3. Existing National Agreement provisions regarding Combined Road/Yard Service Zones will continue to apply.
        • 4. Nothing herein restricts the use of other employees to perform work or relief as permitted by applicable agreements.
        • IV. Extra Boards

          • A. Terminals / Complexes

            • 1. Kansas City

              • The current MP consolidated roster extra board (yard) will protect work in the consolidated terminal.
              • The MP consolidated roster extra board (road north) will protect the Kansas City – OMC / Des Moines operation.
              • This service is in addition to other service protected by these extra boards.
            • 2. St. Louis

              • The Merged Roster #1 extra board will protect work in the consolidated terminal.
              • The C&EI road extra board at St. Louis will protect the Monterey Mine and St. Louis – Chicago / South Pekin operations.
              • This service is in addition to other service protected by these extra boards.
            • 3. Chicago Consolidated Complex

              • The CNW Chicago Freight Terminal #7 extra board becomes the CTC extra board.
              • It will protect yard and non-through freight work within the CTC, including former C&EI, Eastern #1, and Northeastern #2 work.
              • Prior rights will not apply to positions on or operation of this extra board.
            • 4. Omaha Metro Complex

              • The UP/UTU Seniority District #1 combination extra board will protect work in the complex.
              • It will also protect all assignments headquartered within the complex, including new operations under Article II.
              • This service is in addition to other service protected by this extra board.
            • 5. Outlying Points

              • (a) The Carrier may establish extra boards under the UP Agreement within the new OMC seniority territory, including Boone, Clinton, and Sioux City.
              • (b) The Carrier may establish extra boards under the CNW Agreement within the new Midwest seniority territory, including Boone, Mason City, Eagle Grove, and Estherville.
          • B. Nothing in this Article IV prevents the use of other employees to perform this work as permitted by applicable agreements.
        • V. Implementation

          • A. The Carrier will give at least forty (40) days’ written notice of intent to implement this Agreement.
          • B.

            • The Carrier will post descriptions of merged seniority districts requiring elections.
            • The Carrier will determine the number of employees transferred under Article I.
            • A workshop will be held within fifteen (15) days to assemble merged rosters.
            • If rosters are not finalized, the Carrier will prepare and post them without liability.
          • C. Positions requiring rebulletining will be posted for five (5) days and assignments made within ten (10) days.
          • D.

            • Employees required to relocate will have thirty (30) days to do so.
            • Expenses may be paid for up to thirty (30) days if immediate relocation is required.
            • The Carrier may phase implementation with ten (10) days’ notice.
        • VI. Protection

          • Employees adversely affected will receive New York Dock protections.
          • Employees must elect between protections within ten (10) days.
          • No pyramiding of benefits is permitted.
          • Health and welfare benefits follow applicable agreements.
        • VII. Familiarization

          • Employees will not lose time to qualify for new operations.
          • The Carrier will determine familiarization requirements.
          • Qualification issues will be handled locally.
        • VIII. Conflict of Agreements

          • If UTU agreements conflict with this Agreement, this Agreement will apply.
          • The Carrier may serve required notices after the Arbitration Award date.

        John J. Mikrut, Jr.

        ATTACHMENT A

        Actual miles (mHes run on the Vain) J111 be paid on the bats of the chart set forth below.The miles listed for some locations reflect the mileage payment required under existing Agreements. If a crew receives/leaves a train on mainAine territory within a consolidated complex out outside a yard, the mileage paid ON be based on the main line mile post nearest the train.

        OMC Location Destination Distance (Miles)
        OMC (Council Bluffs) Clinton 341
        Boone 144
        Des Moines 199
        Mason City 251
        Worthington 185
        Sioux City 96
        Sergeant Bluff 88
        North Platte 282
        Grand Island 144
        Marysville 160
        Kansas City 204
        OMC (Missouri Valley) Clinton 320
        Boone 124
        Des Moines 178
        Mason City 231
        Worthington 165
        Sioux City 76
        Sergeant Bluff 68
        North Platte 281
        Grand Island 145
        Marysville 180
        Kansas City 224
        OMC (Fremont) Clinton 357
        Boone 161
        Des Moines 215
        Mason City 267
        Worthington 202
        Sioux City 113
        Sergeant Bluff 105
        North Platte 244
        Grand Island 108
        Marysville 145
        Kansas City 238

        These miles are calculated with 4 additional milles worl4ng kto Council Bluffs to MP 1, We pay 4 miles less working out of Council Bluffs,
        These Ere the current miles and they are to be changed if additions or reductions in the mileage occur


        IMPLEMENTING AGREEMENT MODIFICAIMN-S

        Seniorily and Work Consolidation. To achieve the work efficiencies and allocation of forces that are necessary to make the merged Carrier operate efficiently as a united system, the following seniority consolidations will be made:

        A. St. Louis, Missouri

        • 1. (a) The CNW employees assigned to CNW yard assignments at Madison, Illinois,
          on September 1, 1995, including any extra board assignments, will be placed on the bottom of
          Missouri Pacific (MP) Merged Roster No. I and will have prior rights to the former CNW regularly assigned yard assignments at Madison. Should those former CNW assignments be abolished or consolidated with other MP assignments, the former CNW employees will have no prior rights. However, if those former CNW assignments are reestablished within six (6) months of their abolishment or consolidation, prior rights shall apply. Any newly established assignments will not be subject to prior rights.
        • 2. (a) The CNW employee(s) assigned to the Monterey Mine assignment on
          September 1, 1995, will be placed on the bottom of the Chicago and Eastern Illinois (C&EI)
          road roster at St. Louis and will have prior rights to the Monterey Mine assignment, if regularly assigned.Should this assignment be abolished or consolidated with other C&EI assignments, the former CNW employee(s) will have no prior rights. However, if those former CNW assignments are reestablished within six (6) months of their abolishment or consolidation, prior rights shall apply. Any newly established assignments will not be subject to prior rights.
        • B. Kansas City, Missouri

          • 1. (a) The CNW employees 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, the former CNW employees will have no prior rights. However, if those former CNW assignments are reestablished within six (6) months of their abolishment or consolidation, prior rights shall apply. Any newly established assignments will not be subject to prior rights.
          • 2. (a) The number of CNW employees assigned to road service work between
            Kansas City and Des Moines (currently headquartered at Kansas City) on September 1,
            1995, and the CNW employees on the CNW extra board at Kansas City, will be placed on the
            bottom of the MP Consolidated Roster.They will have prior rights to their percentage in the new Kansas City to Omaha Metro Complex (OMC)/Des Moines pool: 75% for the MP Consolidated Roster and 25% for the former CNW employees. This percentage need not be maintained as employees attrit or are unavailable. Any newly established assignments will not be subject to prior rights.
        • C. Chicago, Illinois Complex

          • 3. (b) Each employee placed on the new CTC roster will be provided prior
            rights to their former work now included in the CTC. Current assignments retained in the
            new CTC will not be rebulletined.Should any former assignments be abolished or consolidated with other CTC assignments, there will be no prior rights. However, if those former CNW assignments are reestablished within six (6) months, prior rights shall apply. Any newly established assignments will not be subject to prior rights.The new CTC seniority roster will indicate prior rights in the following manner Cuba

        I The new Wm Maqvi Roster Al I will consist of the following employees:

        • (d) The number of CNW employees assigned to work on the east-west main line
          between the OMC and Clinton, Iowa, on September 1, 1995.

          • NOTE 1: “Assigned to work on the east-west main line between Clinton and the
            OMC” is defined as those through freight assignments with either Clinton or Boone, Iowa,
            as the pre-implementation home terminal and with either Boone, Clinton, Fremont or
            Council Bluffs as the pre-implementation away-from-home terminal.

            Only the number of employees at Boone in through freight service necessary to protect
            their equity in OMC–Boone and OMC–Clinton operations will be transferred to the UP.
            Pre-implementation extra board assignments at Clinton and Boone are included in this
            definition.
        • 3. (b) Each employee placed on the new UP/UTU Merged Roster #I will retain
          their current assignment (if operated) and will be provided prior rights.

          Prior rights will also include new operations established in accordance with Article II,
          Section A, Paragraph (1); however, prior rights will not apply to assignments on or operation
          of the UP extra boards at the OMC.

          Should any former CNW assignment be abolished or consolidated with UP assignments, the
          former CNW employees will have no prior rights to those assignments. However, if such
          former CNW assignments are reestablished within six (6) months of their abolishment or
          consolidation, prior rights shall apply.

          Any newly established assignments will not be subject to prior rights; however, additions to
          pool freight service shall not be considered “newly established assignments.” The UP/UTU
          Merged Roster #I will indicate prior rights accordingly.
        • F. Seniority and Service Rights

          • 1. The following provisions apply to employees transferring from CNW to UP
            (Sections A, B, and D of Article I) and to employees transferring from UP to CNW (Section C
            of Article I).
          • 2. CNW employees (road and yard) transferred to either UP or MP rosters at
            the Omaha Metro Complex, Kansas City, or St. Louis will not be required to place on a UP
            or MP assignment with an on-duty point more than thirty (30) miles outside the Complex or
            Terminal limits.

            If such an employee cannot hold an assignment at or within thirty (30) miles of the
            Complex or Terminal, or on the employee’s incorporated prior-rights seniority, the
            employee will be treated as a dismissed employee under the New York Dock conditions.

        EXANTLE: A CNW employee working at Sioux City, Iowa, is placed on the UP
        Zone 100 roster at Omaha and works in pool freight service to Sioux City. The employee is reduced from the pool and cannot hold another assignment with an on-duty point at or within thirty (30) miles of the Omaha Metro Complex limits. The only position the employee can hold is at North Platte, Nebraska. The employee may take the North Platte assignment or elect to be treated as a dismissed employee.. If the employee could hold a yard assignment at Sioux City, the employee would be obligated to take that assignment because it was on the employee’s prior rights seniority that was incorporated into Zone I 00.

        • 11. New Operations

          • A. The following new operations may be implemented in accordance with the
            provisions set forth in this Article II:

            • 2. Under the CNW Agreement with Boone as the home terminal:
              Boone–Clinton.
          • B. The terms and conditions of the new operations set forth in Section A,
            above, are as follows:

            • 8. All through freight service will be rotary pool freight service with
              blue print board provisions for placing employees in the proper order at the home
              terminal and at the far terminal. Under a blue print board operation, employees are
              not run-around if used on the train for which called.

              • NOTE 3: Existing UP and ND Interdivisional Agreements are not
                impacted by this Agreement.
          • E. South Morrill

            • 2. The following will be applicable to achieve efficient operations in
              and around the common UP/CNW terminal of South Morrill, Nebraska:

              • (d) Crews performing this service will be paid an additional
                one-half (1/2) day’s pay for this service.
          • F. General Conditions for Terminal/Complex Operations

            • 2. For all locations, road employees will be transported to/from their
              trains to/from the designated on/off duty point in accordance with applicable rules.
              Yard Extra Board employees in the Chicago Terminal Complex will report to Proviso and
              will be transported to/from their assignment if the assignment is more than twenty
              (20) miles from the employee’s home by the most direct highway route.
        • IV. Extra Boards

          • A. Terminals/Complexes

            • 5. Outlying Points

              • (a) The Carrier may establish extra boards at locations governed by
                the UP Agreement on the new OMC seniority territory where extra boards do not now
                exist.
              • (b) The Carrier may establish extra boards at locations governed by the CNW Agreement on the new Midwest seniority territory where extra boards do not now exist.
        • V. Implementation

          • E. 1. At St. Louis, Kansas City, Chicago, Omaha and the Midwest, employees
            will transfer from one seniority district to another. The determination as to which
            employee will transfer is an individual determination based upon who was on a transferred
            assignment on September 1, 1995.

            Exceptions: In Chicago, the number of CNW Eastern #1 and Northeastern #2 employees working
            on September 1, 1995, is the determining factor. In the Midwest, the number of Southern #3
            and Central #5 employees remaining after all other transfers is the determining factor.
          • 2. As an alternative to this process, the Organization may elect the
            following process, identified as Section B of Article V:

            • B. 1. Concurrent with serving its notice, the Carrier will post a
              description of the new and/or merged seniority districts, including the number of
              employees transferring from each district. For example:

              • St. Louis – To UP Merged Roster No. 1 from CNW Eastern #1 – 3
              • St. Louis – To C&EI road roster from CNW Eastern #1 – 6
              • Kansas City – To MP Consolidated from CNW Southern #3 – 20
            • 2. The Carrier will determine the number of employees to be transferred.
            • 3. Fifteen (15) days after posting, the appropriate Directors of Labor
              Relations, General Chairmen and Local Chairmen will convene a workshop to implement
              assembly of the merged rosters. Employees will be canvassed in seniority order and must
              elect which new roster they will transfer to, or remain on the current roster (where
              permitted). Failure or refusal to elect will result in the Carrier making the
              assignment. All listed positions must be filled.
        • 4. At the end of the workshop, which will last no more than five (5) days, the
          participants will have finalized agreed-to rosters which will then be posted for information
          and protest in accordance with the applicable agreements. If the participants have not
          finalized agreed-to rosters, the Carrier will prepare such rosters, post them for information
          and protest, use those rosters in assigning positions, and will not be subject to claims or
          grievances as a result.
        • 5. This alternative must be accepted unanimously by the involved General
          Committees. Without unanimity, the alternative will be considered rejected.
        • 6. The Organization must notify the Carrier within five (5) days of the date of
          this Arbitration Award whether it accepts or rejects this alternative.
        • 7. Nothing in this alternative affects in any way the placement of employees on
          the new roster (on the bottom or dovetail, as appropriate), nor does this alternative affect in
          any way the application of prior rights as set forth in Article 1. This alternative is solely
          designed to address a different manner for determining which employees transfer to a new
          and/or merged seniority district.
        • F. Prior to implementation of this Agreement, the parties will meet for the
          purpose of reviewing the operational implementation thereof. Questions and answers pertaining
          thereto should be prepared by the parties covering that implementation. Should the parties be
          unable to agree upon any item, that/those matter(s) shall be referred to this panel for
          resolution.
        • 1. Employees who are adversely affected as a result of the implementation of
          this Agreement will be entitled to the employee protection provided for in the New York Dock
          Conditions. With the following addition: Employees required to relocate under this Agreement
          will have the option of electing the relocation benefits provided for in the New York Dock
          Conditions or an in-lieu allowance in the amount of $284,010.00 less applicable taxes.
        • 5. CNW employees holding seniority in train service and working as such on the
          date of this Arbitration Award will be entitled to the protective benefits provided for in
          Article XIII of the January 27, 1972 UTU National Agreement for the implementation of
          interdivisional service, if they satisfy the qualifying requirements set forth below:

          • (a) A CNW employee holding train service seniority and working as such on
            the date of this Arbitration Award; and
          • (b) Assigned to one of the new operations set forth in Article II, Section A
            of this Implementing Agreement on the implementation date of the new operation. Should
            implementation of a new operation be phased-in, employees involved in the phase-in will
            also qualify.
        • VII. Familiarization

          • Employees will not be required to lose time or “ride the road” on their own time in order
            to qualify for new operations.
          • 1. Employees will be provided with a sufficient number of familiarization
            trips in order to become familiar with a new territory. Issues concerning individual
            qualifications should be handled with local operating officers.
          • 2. If road crew or extra board employees operating in the CTC have not been
            in the Chicago Terminal Complex within six (6) months prior to assignment, the Carrier will
            provide a local operating officer or pilot if requested. Issues concerning individual
            qualifications should be handled with local operating officers.

        Appendix “D”

        IMPLEMENTING AGREEMENT MOD11FICATIONS

        • 1. Seniority and Work Consolidation.
          To achieve the work efficiencies and allocation of forces that are necessary to make
          the merged Carrier operate efficiently as a unified system, the following seniority
          consolidations will be made.
        • The following will replace the seniority and transfer provisions of Article 1,
          Sections A-1(a) and 2(a); B-1(a) and 2(a); C-3(b); and D-3(b).
        • St. Louis – The number of CNW employees assigned to CNW yard assignments at
          Madison, Illinois, on March 1, 1996; the number of CNW employees assigned to the
          Monterey Mine assignment on March 1, 1996; and the number of CNW employees assigned
          to work South Pekin, Illinois, to St. Louis (through freight only, excluding extra
          board employees) will be placed on the bottom of the Missouri Pacific (MP) St. Louis
          Yard Roster No. 1 and the bottom of the C&EI road roster at St. Louis.

          • These employees will have prior rights to former CNW yard assignments, Monterey
            Mine assignments, and up to four assignments in the St. Louis to South
            Pekin/Chicago pool.
          • If yard assignments are abolished or consolidated, employees will have an
            equitable percentage of remaining yard assignments at St. Louis, determined by
            the standard engine-hour formula.
          • If the St. Louis to South Pekin/Chicago pool is reduced below four assignments,
            employees will retain an equitable percentage based on the standard miles-paid
            formula.
        • Kansas City – The number of CNW employees assigned to CNW assignments at Kansas
          City on March 1, 1996; assigned to road service between Kansas City and Des Moines; and
          on the CNW extra board at Kansas City will be placed on the bottom of the MP
          Consolidated Roster at Kansas City.

          • These employees will retain prior rights to former CNW yard assignments, an
            equitable percentage of pool assignments in the Kansas City–OMC/Des Moines pool,
            and an equitable percentage of extra board assignments.
          • Equity percentages will be determined using the standard miles-paid or engine-hour
            formula arrangements.
        • Chicago – The new CTC seniority roster set forth in Paragraph 3(b) will be
          established.

          • C&EI and CNW employees working Yard Center or CHTT will work under the C&EI
            Agreement and be considered C&EI employees.
          • All other CTC assignments will operate under the CNW Agreement.
          • A separate C&EI extra board will protect Yard Center and CHTT assignments.
            Employees may be used across CTC extra boards if one board is exhausted.
          • The C&aEI presence in the CTC will be eliminated by attrition as defined in this
            Agreement.
          • Current C&aEI, Eastern #1, and Northeastern #2 employees will retain their
            respective road rights.
        • Omaha and Omaha Metro Complex – The UP/UTU Merged Roster #1 seniority roster
          will be established.

          • CNW employees placed on this roster will retain their primary prior rights as set
            forth in Article 1.
          • Secondary prior rights will apply to other former CNW work transferred to Merged
            Roster #1 and exercised based on standing on that roster.