Special Board of Adjustment CANADIAN PACIFIC KANSAS CITY RAILWAY

Carrier

AND

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

(former SOO/MILW properties) Organization

This Board shall have jurisdiction provided for under Section 3, First and Second of the Railway Labor Act to decide the dispute.

The Carrier and the Organization are parties to collective bargaining agreements. The Carrier notified the Organization in a January 21, 2026 letter that it needed to deviate from the Agreement start times of between 0500 and 1100 for an upcoming production season and support crew work cycle. Rule 22 and Rule 23 address start times. The Carrier seeks start times from 0001 to 1800 hours.

The Organization did not agree to the proposed start times. Pursuant to the expedited dispute resolution procedure of the Agreement, the matter was set for an expedited hearing. The parties filed submissions and the hearing was held on March 11, 2026.

The Carrier maintains that the increase to the starting times is needed for necessary track work. The changes to the starting time allow the Carrier the needed flexibility to perform the work in the least disruptive manner. The Carrier notes that the Amtrak traffic in the area has recently increased. Because Amtrak has priority, the schedule change must be allowed to prevent Amtrak disruption. The Carrier maintains that it has shown the necessary proof. The analysis is simple. The Carrier need only prove “a bona fide operating need, service requirement or productivity concern exists.” The Carrier has met the standard, and the deviation should be allowed.

The Carrier notes that a similar change to start times was heard in expedited arbitration in 2025. The arbitrator found a bona fide operating need, service requirement, or productivity concern existed. The evidence of those criteria is even greater in this matter, and the Union cannot disprove the Carrier’s proof.

The Organization maintains that the Carrier is requesting far too large a start time change. The Carrier is making a blanket change to two large territories but without sufficient justification. The Organization continues that the Carrier’s evidence underscores the lack of need on the Withrow, Paynesville, Detroit Lakes and Noyes Subdivisions and the Elbow Lake, Carrington and Portal Subdivisions on the Soo Line territory. The Soo Line territory has no Amtrak traffic. Because there is no Amtrak traffic, the Carrier does not need to accommodate the Amtrak priority. The Carrier simply cannot establish the criteria to warrant deviation from the Agreement start times on the Soo Line territory.

The Organization also maintains there is no evidence to support a start time deviation on the Milwaukee Road territories under the January 1, 2000 Agreement. The Carrier’s evidence does not support any start time change to the Merriam Park, St. Paul Yard, M&P, C&M and Elgin Subdivisions. The Carrier may establish a need on the Watertown, Tomah and River Subdivisions, but it is not the expansive need that the Carrier asserts. The Carrier cannot establish the criteria on this territory either, concerning the full extent of the changes it has sought. The Organization argues that the Carrier is baselessly overreaching and cannot prove the required criteria.

ANALYSIS

This is an expedited arbitration process. The criteria for the decision is contained in the parties’ Agreements. The SOO Agreement, Rule 23, Section C provides:

In the application of Section (b) above, it is recognized that operating needs, service requirements, or productivity concerns may necessitate starting times other than as provided in this Rule. Should this occur, the Soo Line will provide notice to the General Chairman and identify the reasons for the change. If the General Chairman fails to agree that a bona fide operating need, service requirement or productivity concern exists, the issue may be immediately referred to expedited arbitration and a decision will be rendered by the arbitrator within ten (10) days of the hearing.

Any starting time changes proposed by the Soo Line under this section, may be referred to expedited arbitration and will not be implemented prior to the decision being rendered by the arbitrator.

MILW Agreement, Rule 22, Section C provides:

In the application of Section (b) above, it is recognized that operating needs, service requirements, or productivity concerns may necessitate starting

times other than as provided in this Rule. Should this occur, the Soo Line will provide notice to the General Chairman and identify the reasons for the change. If the General Chairman fails to agree that a bona fide operating need, service requirement or productivity concern exists, the issue may be immediately referred to expedited arbitration and a decision will be rendered by the arbitrator within ten (10) days of the hearing.

Any starting time changes proposed by the Soo Line under this section, may be referred to expedited arbitration and will not be implemented prior to the decision being rendered by the arbitrator.

Under the Agreement, if the Organization does not agree to the proposed start time changes, the matter goes to expedited arbitration on the sole issue of the start time changes. To prevail, the Carrier must establish that operating needs, service requirements, or productivity concerns may necessitate changes to Agreement starting time.

The parties’ submissions and arguments at hearing made clear that the territories are large and the issues complex. The key difference between the Milwaukee Road subdivision and the Soo Line subdivision is Amtrak. The Milwaukee Road subdivision has Amtrak traffic between St. Paul and Chicago and that traffic has only increased in recent years. The Soo Line subdivision lacks Amtrak traffic. Amtrak has rail traffic priorities and the Carrier must work around those priorities on the Milwaukee Road subdivision.

There is considerable evidence in the record. After consideration of the evidence and argument, the Carrier has met the Agreement criteria to establish operating needs, service requirements, or productivity concerns to warrant some changes to start times. No such changes outside of the 0500-1100 standing Agreement start times are warranted on the SOO Subdivisions, but the following changes outside of the 0500-1100 standing Agreement start times are warranted on the MILWAUKEE Subdivisions:

For the Merriam Park; start time change will be applicable for work on the main line in conjunction with the Carrier’s tie program.

CONCLUSION

The Carrier has established the Agreement criteria for the above changes in start times for the project season.

Brian Clauss

Chairman and Neutral Member

David M. Pascarella Chris Clark

BMWE CANADIAN PACIFIC KANSAS

CITY RAILWAY

Organization Member Carrier Member

Dated this   19th      day of

March

2026