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