affected, with the understanding that this permit reductions in train crews at a rate roughly equivalent to the attrition rate during this period among employees affected by the new rule;
(ii) to set, so far as is possible during this period, guidelines for subsequent application of the safety and workload standards to other cases;
(iii) to advise the Court on or before November 30, 1972, regarding action taken in the implementation of the new rule and regarding the necessity, if any, of additional procedures providing an ultimate solution of the crew consist issue;
(iv) to consider and make recommendations to the UTU and to the Trustees regarding any matters of labor relations deemed beneficial to their mutual interests; or
By invoking for the resolution of this dispute the procedures of P.L. 89-456; or
In any comparable manner.
2. That if no agreement is reached under numbered paragraph 1 of this Order during the 14-day notice period, the Trustees shall proceed to implement the new crew consist rule in the following manner:
(a) The Superintendent of each Division of the Debtor will within seven days following the effective date of the new rule, notify his Local Chairman of crews which are proposed to be reduced, amounting to no more than 20 percent of the total crews in the Division. Subsequent similar lists shall be supplied at intervals of not less than 90 days.
(b) Each Superintendent will negotiate with the Local Chairman, if he shall so request, as to whether the crews thus listed can properly be reduced, considering safety of operations and workload of remaining crew members.
(c) If agreement is not reached within 30 days from the date when the Local Chairman was notified of the intention to reduce the consist of a crew, such reduction may thereafter be made effective by the Trustees.
(d) If upon the effectuation of such reduction the UTU challenges the Trustees' action through the procedures established in Section 3 of the Railway Labor Act or in Public Law 89-456 on the ground that such reduction has been made without due consideration to safety of operations and workload of remaining crew members, the Trustees shall accept the jurisdiction of the Adjustment Board or special Board of Adjustment and shall be bound by the award of such Board.
3. That trainmen entitled to protection under provisions of law or under existing job protection agreements shall be accorded such protection; that any trainman in active service on the date of this Order who is affected by a reduction in crew consist and who is not entitled to protection under provisions of law or under existing job protection agreements shall be accorded a period of protection equal to the length of his seniority as a trainman, but not in excess of six years; and that any trainman entitled to protection under this paragraph shall not be required to relocate beyond the limits of his prior right seniority district or working zone because of a reduction in any crew.
Any party may, on seven days' notice to those customarily notified and to the UTU, apply to the Court for interpretation, elaboration or modification of this Order.