Common use of TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES Clause in Contracts

TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES. 5.1 The Company will not put into effect any technological, operational or organizational change of a permanent nature which will have adverse effects on employees without giving as much advance notice as possible to the bargaining agent representing such employees. In any event, not less than four months' notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected. 5.2 When a notice is issued under Article 5.1 and it becomes known to the Company that the change will be delayed for reasons over which the Company has no control, advice will be issued to the bargaining agent, and employees involved explaining the situation and revising the implementation dates. If necessary, more than one such advice may be issued. 5.3 When the implementation of a technological, operational or organizational change is delayed or is to be delayed at the instance of the Company in excess of thirty calendar days, a new notice as per Article 5.1 shall be given. 5.4 Upon request the parties shall negotiate on items, other than those specifically dealt with in this Agreement with a view to further minimizing the adverse effects on employees. Such measures, for example, may be related to exercise of seniority rights, or such other matters as may be appropriate in the circumstances, but shall not include any item already provided for in this Agreement. 5.5 If the above negotiations do not result in mutual agreement within thirty calendar days of the commencement of such negotiations, or such other period of time as may be agreed upon by the parties, the matters in dispute may be referred for mediation to a Board of Review composed of an equal number of senior officers of the Company and the Union. 5.6 If the Board of Review is unable to resolve the differences within a fixed period of time to be determined at the commencement of its meetings, or some mutually agreed extension thereof, the matters in dispute may be referred for final and binding settlement to an arbitrator selected by the parties or, failing that, appointed by the Minister of Labour. The matters to be decided by the arbitrator shall not include any question as to the right of the Company to make the change, which right the Union acknowledges, and shall be confined to items not otherwise dealt with in this Agreement. 5.7 The terms operational and organizational change shall not include normal reassignment of duties arising out of the nature of the work in which the employees are engaged nor to changes brought about by fluctuation of traffic or normal seasonal staff adjustments. 5.8 In addition to all other benefits contained in this Agreement which are applicable to all eligible employees, the additional benefits specified in Articles 5.9 and 5.10 are available to employees who are materially and adversely affected by technological, operational or organizational changes instituted by the Company.

TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES. 5.1 8.1 The Company will not put into effect any technological, operational or organizational change of a permanent nature which will have adverse effects on employees without giving as much advance notice as possible to the bargaining agent Local Chairperson representing such employeesemployees or other such other officer as may be named, by the Union concerned, to receive such notices. In any event, not less than four months' three month's notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected. 5.2 8.2 When a notice is issued under Article 5.1 8.1 and it becomes known to the Company that the change will be delayed for reasons over which the Company has no control, advice will be issued to the bargaining agentLocal Chairperson, or such other officer as may be named by the Union concerned, and employees involved involved, explaining the situation and revising the implementation dates. If necessary, more than one such advice may be issued. 5.3 8.3 When the implementation of a technological, operational or organizational change is delayed or is to be delayed delayed, at the instance of the Company Company, in excess of thirty calendar days, a new notice as per Article 5.1 Article 8.1 shall be given. 5.4 8.4 Upon request the parties shall negotiate on items, other than those specifically dealt with in this Agreement The Plan, with a view to further minimizing the adverse effects on employees. Such measures, for example, may be related to exercise of seniority rights, or such other matters matter as may be appropriate in the circumstances, but shall not include any item already provided for in this AgreementThe Plan. 5.5 8.5 If the above negotiations do not result in mutual agreement within thirty calendar days of the commencement of such negotiations, or such other period of time as may be agreed upon by the parties, the matters in dispute may be referred for mediation to a Board of Review composed of an equal number of senior officers of the Company and of the Union. 5.6 8.6 If the Board of Review is unable to resolve the differences within a fixed period of time to be determined at the commencement of its meetings, or some mutually agreed extension thereof, the matters in dispute may be referred for final and binding settlement to an arbitrator selected by the parties or, failing that, appointed by the Minister of Labour. The matters to be decided by the arbitrator shall not include any question as to the right of the Company to make the change, which right the Union acknowledges, and shall be confined to items not otherwise dealt with set out in this Agreement.Article 2.10 5.7 8.7 The terms operational and organizational change shall not include normal reassignment of duties arising out of the nature of the work in which the employees are engaged nor to changes brought about by fluctuation of traffic or normal seasonal staff adjustments. 5.8 8.8 In addition to all other benefits contained in this Agreement The Plan which are applicable to all eligible employeesEligible Employees, the additional benefits specified in Articles 5.9 Article 8.9 and 5.10 8.10 are available to employees who are materially and adversely affected by technological, operational or organizational changes instituted by the Company.who

TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES. 5.1 The Company will not put into effect any technological, operational or organizational change of a permanent nature which will have adverse effects on employees without giving as much advance notice as possible to the bargaining agent representing such employees. In any event, not less than four months' notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected. 5.2 When a notice is issued under Article 5.1 and it becomes known to the Company that the change will be delayed for reasons over which the Company has no control, advice will be issued to the bargaining agent, and employees involved explaining the situation and revising the implementation dates. If necessary, more than one such advice may be issued. 5.3 When the implementation of a technological, operational or organizational change is delayed or is to be delayed at the instance of the Company in excess of thirty calendar days, a new notice as per Article Article 5.1 shall be given. 5.4 Upon request the parties shall negotiate on items, other than those specifically dealt with in this Agreement with a view to further minimizing the adverse effects on employees. Such measures, for example, may be related to exercise of seniority rights, or such other matters as may be appropriate in the circumstances, but shall not include any item already provided for in this Agreement. 5.5 If the above negotiations do not result in mutual agreement within thirty calendar days of the commencement of such negotiations, or such other period of time as may be agreed upon by the parties, the matters in dispute may be referred for mediation to a Board of Review composed of an equal number of senior officers of the Company and the Union. 5.6 If the Board of Review is unable to resolve the differences within a fixed period of time to be determined at the commencement of its meetings, or some mutually agreed extension thereof, the matters in dispute may be referred for final and binding settlement to an arbitrator selected by the parties or, failing that, appointed by the Minister of Labour. The matters to be decided by the arbitrator shall not include any question as to the right of the Company to make the change, which right the Union acknowledges, and shall be confined to items not otherwise dealt with in this Agreement. 5.7 The terms operational and organizational change shall not include normal reassignment of duties arising out of the nature of the work in which the employees are engaged nor to changes brought about by fluctuation of traffic or normal seasonal staff adjustments. 5.8 In addition to all other benefits contained in this Agreement which are applicable to all eligible employees, the additional benefits specified in Articles 5.9 and 5.10 are available to employees who are materially and adversely affected by technological, operational or organizational changes instituted by the Company.

TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES. 5.1 The Company will not put into effect any technological, operational or organizational change of a permanent nature which will have adverse effects on employees without giving as much advance notice as possible to the bargaining agent representing such employees. In any event, not less than four months' notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected. 5.2 When a notice is issued under Article 5.1 and it becomes known to the Company that the change will be delayed for reasons over which the Company has no control, advice will be issued to the bargaining agent, and employees involved explaining the situation and revising the implementation dates. If necessary, more than one such advice may be issued. 5.3 When the implementation of a technological, operational or organizational change is delayed or is to be delayed at the instance of the Company in excess of thirty calendar days, a new notice as per Article Article 5.1 shall be given. 5.4 Upon request the parties shall negotiate on items, other than those specifically dealt with in this Agreement with a view to further minimizing the adverse effects on employees. Such measures, for example, may be related to exercise of seniority rights, or such other matters as may be appropriate in the circumstances, but shall not include any item already provided for in this Agreement. 5.5 If the above negotiations do not result in mutual agreement within thirty calendar days of the commencement of such negotiations, or such other period of time as may be agreed upon by the parties, the matters in dispute may be referred for mediation to a Board of Review composed of an equal number of senior officers of the Company and the Union. 5.6 If the Board of Review is unable to resolve the differences within a fixed period of time to be determined at the commencement of its meetings, or some mutually agreed extension thereof, the matters in dispute may be referred for final and binding settlement to an arbitrator selected by the parties or, failing that, appointed by the Minister of Labour. The matters to be decided by the arbitrator shall not include any question as to the right of the Company to make the change, which right the Union acknowledges, and shall be confined to items not otherwise dealt with in this Agreement. 5.7 The terms operational and organizational change shall not include normal reassignment of duties arising out of the nature of the work in which the employees are engaged nor to changes brought about by fluctuation of traffic or normal seasonal staff adjustments. 5.8 In addition to all other benefits contained in this Agreement which are applicable to all eligible employees, the additional benefits specified in Articles 5.9 and 5.10 are available to employees who are materially and adversely affected by technological, operational or organizational changes instituted by the Company. Maintenance of Basic Rates 5.9 An employee whose rate of pay is reduced by $2.00 or more per week, by reason of being displaced due to a technological, operational or organizational change will continue to be paid at the basic weekly or hourly rate applicable to the position permanently held at the time of the change providing that, in the exercise of seniority, he: (a) first accepts the highest-rated position at his location to which his seniority and qualifications entitle him; or (b) if no position is available at his location, he accepts the highest rated position on his basic seniority territory to which his seniority and qualifications entitle him. The maintenance of basic rates, and four-week guarantees if applicable, will continue until: (i) The dollar value of the incumbency above the prevailing job rate has been maintained for a period of five years, and thereafter until subsequent general wage increases applied on the basic rate of the position he is holding erase the incumbency differential; or (ii) the employee fails to apply for a position, the basic rate of which is higher, by an amount of $2.00 per week or more than the basic rate of the position which he is presently holding and for which he is qualified at the location where he is employed; or (iii) the employee's services are terminated by discharge, resignation, death or retirement. In the application of (ii) above, an employee who fails to apply for a higher-rated position, for which he is qualified, will be considered as occupying such position and his incumbency shall be reduced correspondingly. In the case of a temporary vacancy, his incumbency will be reduced only for the duration of that temporary vacancy. An example of the application of Article 5.9(b)(i) follows: October 1, 1984 $400.00 $450.00 January 1, 1985 (4% inc.) $416.00 $466.00 January 1, 1986 (4% inc.) $432.64 $482.64 January 1, 1987 (4% inc.) $449.95 $499.95 January 1, 1988 (4% inc.) $467.95 $517.95 January 1, 1989 (4% inc.) $486.67 $536.67 January 1, 1990 (4% inc.) $506.14 $536.67 January 1, 1991 (4% inc.) $526.39 $536.67 January 1, 1992 (4% inc.) $547.45 incumbency disappears For the purpose of this Article 5.9, the basic rate of a position paid on a four- week guarantee basis shall be converted to a basic rate on a forty-hour week basis. Example - Four-Week Guarantee The basic rate of an employee who is guaranteed 179.3 hours for each four-week period, comprised of 160 straight time hours and 19.3 hours at time and one-half which is the equivalent of 189 straight time hours, is $10.00 per hour at the straight time rate. Inasmuch as his guarantee represents $1,890.00 per four-week period, his Basic Weekly Rate shall be considered as $472.50 and his basic hourly rate shall be considered as $11.81.

TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES. 5.1 8.1 The Company Corporation will not put into effect any technological, operational or organizational change of a permanent nature which will have adverse effects on employees without giving as much advance notice as possible to the bargaining agent designated National or Regional Representative representing such employeesemployees to receive such notices. In any event, not less than four three months' notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected. 5.2 8.2 When a notice is issued under Article 5.1 8.1 and it becomes known to the Company Corporation that the change will be delayed for reasons over which the Company Corporation has no control, advice will be issued to the bargaining agentdesignated National or Regional Representative, and employees involved explaining the situation and revising the implementation dates. If necessary, more than one such advice may be issued. 5.3 8.3 When the implementation of a technological, operational or organizational change is delayed or is to be delayed at the instance of the Company Corporation in excess of thirty calendar days, a new notice as per Article 5.1 Article 8.1 shall be given. 5.4 (a) Upon request request, the parties shall negotiate on items, other than those specifically dealt with in this Agreement with a view to further minimizing the adverse effects on employees. Such measures, for example, may be related to exercise of seniority rights, or such other matters as may be appropriate in the circumstances, but shall not include any item already provided for in this Agreement. 5.5 (b) The parties shall determine the number of Employment Security options to be made available as a result of the notice of technological, operational or organizational change. The number of notices delivered pursuant to Article 8 of the Supplemental Agreement which will be considered for the purposes of determining the number of options to be made available shall be reduced as follows: (i) by the number of employees ineligible for Employment Security occupying a permanent position within the region. Each ineligible employee will be counted only once while they remain on the same permanent assignment during the life of this Supplemental Agreement; (ii) by the number of permanent vacancies created or made available within the region simultaneously with the issuance of the Article 8 notices. (c) The parties will also address the issues of those employees, if any, who are on short-term leave due to injury, illness or other authorized leave of absence who have sufficient seniority to hold a permanent assignment. 8.5 If the above negotiations do not result in mutual agreement within thirty calendar days of the commencement of such negotiations, or such other period of time as may be agreed upon by the parties, the matters in dispute may be referred for mediation to a Board of Review composed of an equal number of senior officers of the Company Corporation and the Union. 5.6 8.6 If the Board of Review is unable to resolve the differences within a fixed period of time to be determined at the commencement of its meetings, or some mutually agreed extension thereof, the matters in dispute may be referred for final and binding settlement to an arbitrator a referee selected by the parties or, failing that, appointed by the Minister of Labour. The matters to be decided by the arbitrator referee shall not include any question as to the right of the Company Corporation to make the change, which right the Union acknowledges, and shall be confined to items not otherwise dealt with in this Agreement. 5.7 8.7 The terms operational and organizational change shall not include normal reassignment of duties arising out of the nature of the work in which the employees are engaged nor to changes brought about by fluctuation of traffic or normal seasonal staff adjustmentsadjustment. 5.8 8.8 In addition to all other benefits contained in this Agreement which are applicable to all eligible employees, the additional benefits specified in Articles 5.9 Article 8.9 and 5.10 8.10 are available to employees who are materially and adversely affected by technological, operational or organizational changes instituted by the CompanyCorporation.

TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES. 5.1 (a) The Company will not put into effect any technologicalTechnological, operational Operational or organizational Organizational change of a permanent nature which will have adverse effects on employees holding permanent positions without giving as much advance notice as possible to the bargaining agent representing President Local 100 or such employeesother officer as may be named by the Union concerned to receive such notices. In any event, not less than four months' 120 days’ notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected. 5.2 (b) Prior to implementing any other permanent change of a known duration of one year or more, which will have adverse effects on employees holding permanent positions, the company will provide the Union with as much advance notification as possible. The notification will contain a description of the change and the expected number of employees who will be adversely affected. (c) In situations where supervisors or employees holding excepted or excluded positions, return to the bargaining unit and displace schedule employees occupying permanent positions, the employees so displaced will be entitled, if eligible, to the same benefits as employees affected in (a) and (b) above. Note:The expiration of a temporary vacancy does not constitute a change under Artcle 8.2 When a notice is issued under Article 5.1 8.1 and it becomes known to the Company that the change will be delayed for reasons over which the Company has no control, advice will be issued to the bargaining agentPresident - Local 100, and employees involved or such other officer as may be named by the Union, explaining the situation and revising the implementation dates. If necessarythe Technological, more than one such advice may be issued. 5.3 When the implementation of a technological, operational Organizational or organizational Operational change is delayed delayed, or is to be delayed delayed, at the instance of the Company Company, in excess of thirty calendar days, a new notice as per Article 5.1 shall will be givenissued. 5.4 8.3 All benefits under the Plan will be suspended in the event of a legal strike or legal lockout at CN save and except for individuals who are in receipt of benefits under Options 1, 2, or 4 of Article 7.14 prior to the commencement of a legal strike or legal lockout at CN. 8.4 Upon request the parties shall negotiate on items, other than those specifically dealt with in this Agreement The Plan, with a view to further minimizing the adverse effects on employees. Such measures, for example, may be related to exercise of seniority rights, or such other matters as may be appropriate in the circumstances, but shall not include any item already provided for in this AgreementThe Plan. 5.5 8.5 If the above negotiations do not result in mutual agreement within thirty calendar days of the commencement of such negotiations, or such other period of time as may be agreed upon by the parties, the matters in dispute may be referred for mediation to a Board of Review composed of an equal number of senior officers of the Company and of the Union. 5.6 8.6 If the Board of Review is unable to resolve the differences within a fixed period of time to be determined at the commencement of its meetings, or some mutually agreed extension thereof, the matters in dispute may be referred for final and binding settlement to an arbitrator selected by the parties or, failing that, appointed by the Minister of Labour. The matters to be decided by the arbitrator shall not include any question Arbitrator as to the right of the Company to make the change, which right the Union acknowledges, and shall be confined to items not otherwise dealt with set out in this Agreement. 5.7 The terms operational and organizational change shall not include normal reassignment of duties arising out of the nature of the work in which the employees are engaged nor to changes brought about by fluctuation of traffic or normal seasonal staff adjustments. 5.8 In addition to all other benefits contained in this Agreement which are applicable to all eligible employees, the additional benefits specified in Articles 5.9 and 5.10 are available to employees who are materially and adversely affected by technological, operational or organizational changes instituted by the Company.Article 2.6

TECHNOLOGICAL, OPERATIONAL AND ORGANIZATIONAL CHANGES. 5.1 (a) The Company will not put into effect any technologicalTechnological, operational Operational or organizational Organizational change of a permanent nature which will have adverse effects on employees holding permanent positions without giving as much advance notice as possible to the bargaining agent System General Chairman representing such employeesemployees or such other officer or as may be named by the Union concerned to receive such notices. In any event, not less than four months' 120 days’ notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected. 5.2 (b) Prior to implementing any other permanent change of a known duration of one year or more, which will have adverse effects on employees holding permanent positions, the company will provide the Union with as much advance notification as possible. The notification will contain a description of the change and the expected number of employees who will be adversely affected. (c) In situations where supervisors or employees holding excepted or excluded positions, return to the bargaining unit and displace a scheduled employee occupying a permanent position, the employee so displaced will be entitled, if eligible, to the same benefits as employees affected in (a) & (b) above.. Note: The expiration of a temporary vacancy does not constitute a change under this Plan. 8.2 When a notice is issued under Article 5.1 8.1 (a) and it becomes known to the Company that the change will be delayed for reasons over which the Company has no control, advice will be issued to the bargaining agentSystem General Chairman, and employees involved or such other officer as may be named by the Union concerned, explaining the situation and revising the implementation dates. If necessary, more than one such advice may be issued. 5.3 When the implementation of a technological, operational or organizational change is delayed or is to be delayed at the instance of the Company in excess of thirty calendar days, a new notice as per Article 5.1 shall be given8.3 Intentionally left blank. 5.4 8.4 Upon request the parties shall negotiate on items, other than those specifically dealt with in this Agreement The Plan, with a view to further minimizing the adverse effects on employees. Such measures, for example, may be related to exercise of seniority rights, or such other matters as may be appropriate in the circumstances, but shall not include any item already provided for in this AgreementThe Plan. 5.5 8.5 If the above negotiations do not result in mutual agreement within thirty calendar days of the commencement of such negotiations, or such other period of time as may be agreed upon by the parties, the matters in dispute may be referred for mediation to a Board of Review composed of an equal number of senior officers of the Company and the UnionLabour adjustment Committee. 5.6 8.6 If the Board of Review Labour Adjustment Committee is unable to resolve the differences within a fixed period of time to be determined at the commencement of its meetings, or some mutually agreed extension thereof, the matters in dispute may be referred for final and binding settlement to an arbitrator selected by the parties or, failing that, appointed by the Minister of Labour. The matters to be decided by the arbitrator shall not include any question Arbitrator as to the right of the Company to make the change, which right the Union acknowledges, and shall be confined to items not otherwise dealt with set out in this Agreement. 5.7 The terms operational and organizational change shall not include normal reassignment of duties arising out of the nature of the work in which the employees are engaged nor to changes brought about by fluctuation of traffic or normal seasonal staff adjustments. 5.8 In addition to all other benefits contained in this Agreement which are applicable to all eligible employees, the additional benefits specified in Articles 5.9 and 5.10 are available to employees who are materially and adversely affected by technological, operational or organizational changes instituted by the Company.Article 2.7