Wisconsin Central Ltd.Purchase ExemptionSoo Line Railroad Company Line Between Superior and Ladysmith, WI

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