PROCEDURAL AGREEMENT

between

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

and

INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS

The International Brotherhood of Teamsters (IBT) and the International Brotherhood of Locomotive Engineers (BLE) agree to follow the process set forth in this Procedural Agreement with respect to a potential merger between the two Unions.

1.1 Preliminary Period. During a six-month Preliminary Period, IBT and BLE will form a Joint Merger Committee and various subcommittees which will produce a Merger Agreement and Bylaws for the BLE as the Rail Conference within the IBT. The Conference structure will guarantee the BLE maximum autonomy with the IBT, and will allow the BLE as the IBT Rail Conference to retain the right to represent its members; negotiate all contracts on behalf of its members; administer those contracts; represent its members and handle their grievances; organize employees within its primary jurisdiction; determine the location of its headquarters; hire representatives, employees, attorneys and consultants; set the terms and conditions for its employees; maintain its own funds; set its own dues in accord with the requirements of federal law and the IBT Constitution; and otherwise to operate independently subject to the Constitution of the International Brotherhood of Teamsters.

1.2 The Unions have determined that the Merger Agreement and the Bylaws for the BLE as the IBT Rail Conference should be produced through a joint and cooperative process between the two Unions. This process will insure that as much of the BLE's rules, procedures and structure will be maintained as is consistent with the requirements of the IBT Constitution. The Unions therefore have agreed to form the following joint committee and subcommittees with the members and purposes set forth below.

1.2.1 Merger Committee. The Merger Committee shall be composed of co-chairs appointed by each Union and the members of the subcommittees. The Merger Committee shall have the primary purpose of producing a Merger Agreement and Bylaws for the BLE as the Rail Conference within the IBT.

1.2.2 Constitution and Bylaws. The Constitution and Bylaws Subcommittee shall be composed of eight (8) members from each Union and will have the primary purpose of providing the Merger Committee with suitable Bylaws for the BLE as the Rail Conference within the IBT.

1.2.3 Legislative. The Legislative Subcommittee shall be composed of four (4) members from each Union and will have the primary purpose of advising the Merger Committee concerning the appropriate organization of the BLE Legislative Boards within the IBT and within the IBT Rail Conference.

1.2.4 Finances. The Subcommittee on Finances shall be composed of four (4) members from each Union and will have the primary purpose of advising the Merger Committee concerning the appropriate dues and per capita structure for the IBT Rail Conference.

1.2.5 Canada. The Subcommittee on Canada shall be composed of two (2) members from each Union and will have the primary purpose of advising the Merger Committee concerning the appropriate structure for Canadian members of the BLE within the IBT and Teamsters Canada.

1.3 The Committees will work under the general supervision of the Co-Chairs of the Merger Committee and will arrange their work so that a Merger Agreement and Bylaws for the BLE as the IBT Rail Conference will be completed within six months. The Unions shall, however, have the authority to extend this period by mutual agreement if, for any reason, the Committee and Subcommittees are unable to complete their work as scheduled.

1.4 The Committees and Subcommittees may use such staff and assistance from each Union as they may judge necessary to efficiently complete their work.

2.1 Approval Period. The Merger Agreement and Bylaws for the BLE as the IBT Rail Conference which are produced by the Merger Committee will be subject to approval by the IBT and the BLE in accord with the terms of their respective Constitutions. The Unions will promptly and expeditiously seek approval of the Merger Agreement and Rail Conference Bylaws through the procedures required by their respective Constitutions and the Approval Period will continue until the approvals are properly attained. None of the procedures, terms and conditions of the Merger Agreement and Rail Conference Bylaws will be effective until the Merger Agreement has been approved by both the IBT and the BLE.

3.1 Cooperation. During the Preliminary Period and the Approval Period, the IBT and the BLE will cooperate on all matters of mutual interest including, but not limited to, legislation, organizing, representation and issues pending before the National Mediation Board.

4.1 Merger. Upon approval of the Merger Agreement and IBT Rail Conference Bylaws, BLE will merge into IBT according to the terms of the Merger Agreement.

5.1 Cancellation. Either the IBT by action of its General Executive Board or the BLE through the action of its Advisory Board may cancel these merger procedures at any time before the approval process begins. The Merger shall also be cancelled if either Union fails to approve the Merger Agreement. In addition, the Merger Agreement shall include a provision that allows the IBT by action of its General Executive Board or the BLE through an appropriate procedure which must be set forth in the Merger Agreement to withdraw from the merger at any time during a period twelve months to twenty-four months following approval of the merger.

APPROVED by the General Executive Board of the International Brotherhood of Teamsters.

/s/
James P. Hoffa
General President
Date: August 1, 2002
 
/s/
C. Thomas Keegel
General Secretary-Treasurer
Date: August 1, 2002
 

APPROVED by the Advisory Board of the International Brotherhood of Locomotive Engineers.

 
/s/
Don M. Hahs
International President
Date: August 1, 2002
 
/s/
Edward W. Rodzwicz
Alternate International President & First Vice President
Date: August 1, 2002
 
/s/
William C. Walpert
General Secretary-Treasurer
Date: August 1, 2002

 

© 2002 Brotherhood of Locomotive Engineers