C:\AWARDS\OUT\2-03333.htm

Award No. 3333 Docket No. 3077

2-GN-F&O-'59

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee Lloyd H. Bailer when the award was rendered.

PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L.-C. I. O. (Firemen and Oilers)

GREAT NORTHERN RAILWAY COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That under the current agreement Unclassified Laborers Charles Tanner, Albert Bach, Edward Anderson. George Block, Adam Feist, Arthur Sanborn, Frederick Berg and Tellef Byklum are being improperly compensated for services rendered at Grand Forks, North Dakota.

2. That accordingly the Carrier be ordered to additionally compensate each of the aforesaid employes, each in the difference in rate of pay between that of Unclassified Laborer and Classified Laborer; Albert Bach one hour per day five days each week, Charles Tanner one hour per day four days each week, Edward Anderson one hour per day three days each week, George Block one hour per day, two days each week, Adam Feist three hours per day five days each week, Arthur Sanborn three hours per day five days each week, Fredrich Berg three hours per day three days each week, and Tellef Byklum three hours one day each week, all retroactive to April 19, 1957.

EMPLOYES' STATEMENT OF FACTS: At Grand Forks, North Dakota, the Great Northern Railway Company, hereinafter referred to as the carrier, has certain assignments of employes, whose duties include the servicing of through passenger trains at the passenger depot in Grand Forks. Assignments for this work are made in such a way that each day two laborers on the first shift and two laborers on the second shift are at the depot.

The two laborers from the first shift leave the roundhouse, which is one and one-quarter miles from the depot, each morning at eight o'clock. Upon arrival at the depot they get hoses for putting diesel fuel oil and boiler water on diesel units lined up. On arrival of train No. 9 at 8:25 A. M., they put diesel

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Carrier submits that since there has been no schedule rule or rules violation in the instant case this claim must be denied.

FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence finds that:

The carrier or carries and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The parties to said dispute were given due notice of hearing thereon.

The evidence concerning the factual circumstances giving rise to this claim is not sufficiently adequate to enable the Board to intelligently act upon this dispute. The case is therefore remanded to the parties with instructions to conduct a joint check on the time involved in the activities referred to in this docket. Failing settlement in the meantime, the dispute shall be returned to the Board accompanied by the results of the joint check and any comments thereon which the parties elect to make.

AWARD

Case remanded in accordance with the findings stated above.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION

ATTEST: Harry J. Sassaman

Executive Secretary

Dated at Chicago, Illinois this 16th day of October, 1959.