[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23334]


[[Page Unknown]]

[Federal Register: September 21, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 31922 (Sub-No. 1)]

 

Wisconsin Central Ltd.--Purchase Exemption--Soo Line Railroad 
Company Line Between Superior and Ladysmith, WI

AGENCY: Interstate Commerce Commission.

ACTION: Notice seeking comments on the issue of whether employees 
affected by a purchase transaction may have test period averages 
(TPAs).1
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    \1\Test period average is defined as all compensation received 
by the employee and all time for which he was paid for the 12-month 
period immediately preceding the date of his displacement divided by 
12. The TPA produces a monthly average compensation and average 
monthly time for which the employee was paid.
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SUMMARY: The Commission is considering a request by the Brotherhood of 
Maintenance of Way Employees (BMWE) that the Commission interpret its 
labor conditions as requiring a railroad employer to furnish upon 
request TPAs to employees affected by the sale of a rail line on which 
the employees work. Comments are invited on the issue.

DATES: Any person interested in participating in this proceeding as a 
party of record by filing and receiving written comments must file a 
notice of intent to do so by October 3, 1994. We will issue a service 
list of the parties of record shortly thereafter. Petitioners will have 
10 days after service of the service list to serve each party on the 
list with a copy of the petition. Initial written comments must be 
filed within 30 days after service of the service list. All parties 
will have 50 days after service of the service list to reply. The exact 
filing dates will be specified in the notice accompanying the service 
list. Comments must be served upon all parties of record.

ADDRESSES: Send comments referring to Finance Docket No. 31922 (Sub-No. 
1) to: Office of the Secretary, Case Control Branch, Interstate 
Commerce Commission, Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660. 
[TDD for hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: An Arbitration Board found that nothing in 
the express wording of, or the industry practice under, the New York 
Dock conditions2 requires a railroad to provide affected employees 
their TPAs until they have been ``adversely'' affected as a result of 
the purchase transaction, and thus concluded that the railroad is not 
obligated to provide that information except in connection with the 
calculation of displacement allowances under our labor conditions.
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    \2\Those first imposed in New York Dock Ry.--Control--Brooklyn 
Eastern Dist., 360 I.C.C. 60 (1979), as clarified in Wilmington 
Term. R.R. Inc.--Pur. & Lease--CSX Transp., Inc., 6 I.C.C.2d 799 
(1990).
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    On appeal to the Commission, BMWE argues that the information 
permits affected employees to determine if they have been ``adversely 
affected,'' i.e., placed in a worse position as a result of a 
transaction and thereby entitled to a displacement allowance. BMWE 
notes in this regard that equally important to total compensation is 
the amount of time the employee had to work to receive it.
    Second, BMWE avers that the TPA is necessary for employees to 
comply with the requirement of Article I, section 5 that they exercise 
seniority to seek a position producing compensation equal to or 
exceeding the compensation received in their prior position. Without 
the TPA information, the union says that employees are unable to 
determine which positions produce equal compensation. Soo Line Railroad 
Company, on the other hand, argues that the information is readily 
available to employees, is burdensome for the railroad to provide and 
ought not to be required.
    The Commission believes it would be helpful to have additional 
comment on these issues from the parties as well as the interested 
public.
    Additional information is contained in the Commission's decision. 
To purchase a copy of the full decision, write to, call, or pick up in 
person from: Dynamic Concepts, Inc., Room 2229, Interstate Commerce 
Commission Building, Washington, DC 20423. Telephone: (202) 289-4357/
4359. [Assistance for the hearing impaired is available through TDD 
services: (202) 927-5721.]
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: September 9, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Phillips, 
Commission Simmons, and Commissioner Morgan.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-23334 Filed 9-20-94; 8:45 am]
BILLING CODE 7035-01-P