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ARTICLE III - COST-OF-LIVING PAYMENTS
Part A - Cost-of-Living Payments Under Appendix D, Document "A" of Award
of Arbitration Board No. 559 dated May 8, 1996
Section 1
Article II, Part C, Document "A" of Appendix D of the Award of Arbitration
Board No. 559 dated May 8, 1996, shall be eliminated effective on the date of
this Agreement. On June 30, 2002, the forty-eight (48) cent cost-of-living
allowance pursuant to such provision in effect on that date shall be rolled in
to basic rates of pay.
Section 2
Any local counterpart to the above-referenced Article II, Part C that is in
effect on a carrier party to this Agreement shall be amended in the same
manner as provided in Section 1.
Part B - Cost-of-Living Allowance and Adjustments Thereto After January 1,
2005
Section 1 - Cost-of-Living Allowance and Effective Dates of Adjustments
(a) A cost-of-living allowance shall be payable in the manner set forth in
and subject to the provisions of this Part, on the basis of the "Consumer
Price Index for Urban Wage Earners and Clerical Workers (Revised Series)
(CPI-W)" (1967=100), U.S. Index, all items - unadjusted, as published by the
Bureau of Labor Statistics, U.S. Department of Labor, and hereinafter referred
to as the CPI. The first such cost-of-living allowance shall be payable
effective July 1, 2005 based, subject to paragraph (d), on the CPI for March
2005 as compared with the CPI for September 2004. Such allowance, and further
cost-of-living adjustments thereto which shall become effective as described
below, shall be based on the change in the CPI during the respective
measurement periods shown in the following table, subject to the exception
provided in paragraph (d)(iii), according to the formula set forth in
paragraph (e).
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Measurement Periods
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Base Month
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Measurement Month
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Effective Date
of Adjustment
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September 2004
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March 2005
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July 1, 2005
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March 2005
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September 2005
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January 1, 2006
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Measurement Periods and Effective Dates conforming to the above schedule
shall be applicable to periods subsequent to those specified above during
which this Article is in effect.
(b) While a cost-of-living allowance is in effect, such cost-of-living
allowance shall apply to straight time, overtime, vacations, holidays and to
special allowances in the same manner as basic wage adjustments have been
applied in the past, except that such allowance shall not apply to duplicate
time payments, including arbitraries and special allowances that are expressed
in time, miles or fixed amounts of money.
(c) The amount of the cost-of-living allowance, if any, that shall be
effective from one adjustment date to the next may be equal to, or greater or
less than, the cost-of-living allowance in effect in the preceding adjustment
period.
(d) (i) Cap. In calculations under paragraph (e), the maximum
increase in the CPI that shall be taken into account shall be as follows:
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Effective Date
of Adjustment |
Maximum CPI Increase
That May Be Taken Into Account |
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July 1, 2005 |
3% of September 2004 CPI |
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January 1, 2006 |
6% of September 2004 CPI, less the increase from September 2004 to March
2005 |
Effective Dates of Adjustment and Maximum CPI Increases conforming to the
above schedule shall be applicable to periods subsequent to those specified
above during which this Article is in effect.
(ii) Limitation. In calculations under paragraph (e),only fifty
(50)percent of the increase in the CPI in any measurement period shall be
considered.
(iii) If the increase in the CPI from the base month of September 2004 to
the measurement month of March 2005 exceeds 3% of the September 2004 base
index, the measurement period that shall be used for determining the
cost-of-living adjustment to be effective the following January shall be the
12-month period from such base month of September; the increase in the index
that shall be taken into account shall be limited to that portion of the
increase that is in excess of 3% of such September base index; and the maximum
increase in that portion of the index that may be taken into account shall be
6% of such September base index less the 3% mentioned in the preceding clause,
to which shall be added any residual tenths of points which had been dropped
under paragraph (e) below in calculation of the cost-of-living adjustment
which shall have become effective July 1, 2005 during such measurement period.
(iv) Any increase in the CPI from the base month of September 2004 to the
measurement month of September 2005 in excess of 6% of the September 2004 base
index shall not be taken into account in the determination of subsequent
cost-of-living adjustments.
(v) The procedure specified in subparagraphs (iii) and (iv) shall be
applicable to all subsequent periods during which this Article is in effect.
(e) Formula. The number of points change in the CPI during a
measurement period, as limited by paragraph (d), shall be converted into cents
on the basis of one cent equals 0.3 full points. (By "0.3 full points" it is
intended that any remainder of 0.1 point or 0.2 point of change after the
conversion shall not be counted.)
The cost-of-living allowance in effect on December 31, 2005 shall be
adjusted (increased or decreased) effective January 1, 2006 by the whole
number of cents produced by dividing by 0.3 the number of points (including
tenths of points) change, as limited by paragraph (d), in the CPI during the
applicable measurement period. Any residual tenths of a point resulting from
such division shall be dropped. The result of such division shall be added to
the amount of the cost-of-living allowance in effect on December 31, 2005 if
the CPI shall have been higher at the end than at the beginning of the
measurement period, and subtracted therefrom only if the index shall have been
lower at the end than at the beginning of the measurement period and then,
only, to the extent that the allowance remains at zero or above. The same
procedure shall be followed in applying subsequent adjustments.
(f) Continuance of the cost-of-living allowance and the adjustments thereto
provided herein is dependent upon the availability of the official monthly BLS
Consumer Price Index (CPI-W) calculated on the same basis as such Index,
except that, if the Bureau of Labor Statistics, U.S. Department of Labor
should, during the effective period of this Article, revise or change the
methods or basic data used in calculating such Index in such a way as to
affect the direct comparability of such revised or changed index with the
CPI-W during a measurement period, then that Bureau shall be requested to
furnish a conversion factor designed to adjust the newly revised index to the
basis of the CPI-W during such measurement period.
Section 2 - Payment of Cost-of-Living Allowances
(a) The cost-of-living allowance that becomes effective July 1, 2005 shall
be payable to each employee commencing on that date.
(b) The increase in the cost-of-living allowance effective January 1, 2006
pursuant to Section 1 of this Part shall be payable to each employee
commencing on that date.
(c) The increase in the cost-of-living allowance effective July 1, 2006
pursuant to Section 1 of this Part shall be payable to each employee
commencing on that date.
(d) The procedure specified in paragraphs (b) and (c) shall be followed
with respect to computation of the cost-of-living allowances payable in
subsequent years during which this Article is in effect.
(e) In making calculations under this Section, fractions of a cent shall be
rounded to the nearest whole cent; fractions less than one-half cent shall be
dropped and fractions of one-half cent or more shall be increased to the
nearest full cent.
Section 3 - Application of Cost-of-Living Allowances
The cost-of-living allowance provided for by Section 1 of this Part B will
not become part of basic rates of pay. Such allowance will be applied as
follows:
(a) For other than dining car stewards, each one cent per hour of
cost-of-living allowance will be treated as an increase of 8 cents in the
basic daily rates of pay produced by application of Article I of this
Agreement. The cost-of-living allowance will otherwise be applied in keeping
with the provisions of Section 6 of Article I.
(b) For dining car stewards, each one cent per hour of cost-of-living
allowance will be treated as an increase of $1.80 in the monthly rates of pay
produced by application of Sections 6 and 7 of Article I.
Section 4 - Continuation of Part B
The arrangements set forth in this Part B shall remain in effect according
to the terms thereof until revised by the parties pursuant to the Railway
Labor Act.
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