Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No.13787
Docket No. 13661
04-2-02-2-23
The Second Division consisted of the regular members and in addition Referee
Don A. Hampton when award was rendered.
(Brotherhood Railway Carmen Division
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company, Inc.
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. The Delaware and Hudson Railway Company (Division of CP
Rail System) violated the terms of our current agreement, in
particular Letter of Understanding No. 1, when they arbitrarily
denied payment of an additional 2% General Wage Increase to
Carmen employees, as a result of Public Law Board 577 -
Award 1.
2. That accordingly, the Delaware and Hudson Railway Company
be ordered to compensate the Carmen employed, a 2% Wage
Increase that they are entitled, effective January 1, 2000 as
required by our agreement."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21, 1934.
Form 1 Award No. 13787
Page 2 Docket No. 13661
04-2-02-2-23
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On January 29, 1998 the parties entered into an Agreement resolving the
Organization's Section 6 notice dated July 25, 1995. A portion of that Agreement
was Letter of Understanding No. 4 (a so called me-too clause). The pertinent part of
Letter of Understanding No. 4 reads:
"During the course of the current round of negotiations, should
general wage increases, lump sum payments and signing bonuses,
and other compensation improvements be negotiated by the Carrier
(or imposed on it by arbitration or legislation) with other unions
greater than those provided in the D&H/BRC (Carmen) agreement,
the greater amounts would also apply to the employees represented
by your union. Other compensation improvements refers to
increases in paid holidays, personal leave days or vacation
entitlements."
The parties subsequently, on May 11, 1999 agreed to Letter of Understanding
No. 1 which reads:
"This is connection with the final settlement of Letter of
Understanding #4 of the Memorandum of Agreement between the
parties dated January 29, 1998.
In the event the D&H executes an agreement for the commencing
January 1, 2000 and ending December 31, 2001 with any other
unions representing its employees that contain improvements in the
areas of compensation and benefits that are greater than those set
forth in this Memorandum of Agreement, it is agreed that such
improvements will be incorporated into the D&H/BRC (Carmen)
Agreement with the D&H, unless such improvement(s) was made in
consideration for modifications) in the Company's Agreement with
the other Union which benefits the D&H."
Form 1 Award No. 13787
Page 3 Docket No. 13661
04-2-02-2-23
On November 6, 2001 Public Law Board No. 577 in Award 1 found that based
on paragraph (f), of Article 1 of an August 3, 1998 Memorandum of Agreement
between the Carrier and it's employees represented by the UTU that those
employees would be granted a general wage increase of 2% retroactive to Januaryl,
2000. It is this increase that the organization asserts it is entitled to under the terms
of the BRC "me-too agreement."
We have reviewed the entire record before the board regarding this matter
and have noted a similar dispute between the Carrier and its employees represented
by the United Transportation Union Yardmaster Department. It is also noted that
on September 16, 2003, that dispute was resolved by Public Law Board No. 6630,
Award 1. The Award held that that under a "me-too clause" the Yardmasters also
should be awarded a 2% wage increase based on the aforementioned Award 1, of
Public Law Board No. 577.
The Board cannot find reason to differ with the opinion of Public Law Board
No. 6630. We will therefore sustain the claim.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 11th day of March 2004.