ORDER OF RAILWAY CONDUCTORS
(Pullman System)
STATEMENT OF CLAIM: The Order of Railway Conductors, Pullman System, claims for and on behalf of Conductor R. R. Sands of the Pennsylvania Terminal District, that the Pullman Company violated Rules 8 and 22 of the Agreement between The Pullman Company and its conductors, when:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement between The Pullman Company and conductors in its service, effective September 1, 1945. This dispute has been progressed in accordance with this Agreement. The decision of the highest officer, designated for that purpose, denying the claim, is attached as Exhibit No. 1.
Conductor Sands was given an assignment to operate special cars occupied by members of the National Tavern Association, New York to Oakland. This assignment was covered by regular Assignment to Duty Slip, Form 93.1376, dated November 9, 1946, showing Conductor Sands assigned to report for duty at Pennsylvania Terminal at 2:50 P. M. to operate as follows: "PRR 2/5-Special Party (Tavern Party)-Extended Spl. Tour to Oakland". Destination of this train was shown as Oakland.
This special train arrived at Ogden, Utah, at about 6:25 P. M., November 12, 1946. It consisted of eight standard sleepers, and one tourist sleeper in dormitory service. At Ogden, there were incorporated in this train nine express and mail cars and tourist sleeper 1632 occupied by 19 railroad employes deadheading under orders of the railroad company.
Conductor Sands was required to supervise the operation of this tourist car between Ogden and Oakland and make the required reports covering that operation.
In conclusion, the facts of record support the Company in this dispute. It has been shown that the Company complied with the provisions of Rule 8 of the Agreement in compensating Conductor Sands for the trip of November 9-13, 1946, on the extended special tour basis inasmuch as that trip was, in fact, an extended special tour as that service is understood in Pullman operations. It has also been shown that the term "confined to the party making the trip" has reference to revenue passengers only. The admissions of the Organization's representative in the hearing on the claim clearly support the Company's contention in this respect. Since Conductor Sands picked up no revenue passengers on the trip in question other than members of the National Tavern Association tour, the service was confined to the party making the trip. Finally, the Company has shown that it has compensated Conductor Sands for all hours credited to him for service performed during the month of November, 1946. Clearly, the Organization's claim in behalf of Sands is without merit and should be denied.
OPINION OF BOARD: Claimant was assigned to extended special tour service, New York to Oakland, California. The cars making the extended special tour were chartered by members of the National Tavern Association. At Ogden, Utah, a Pullman sleeping car enroute deadhead to Richmond Shop at Richmond, California, was attached to the train. Eighteen employes of the Southern Pacific Railroad being deadheaded under orders of the railroad were permitted to ride in this car. The Organization contends that this action converted the character of the service from that of an extended special tour to extra service and that claimant is entitled to have his compensation calculated as such. A determination of the character of the service performed resolves this dispute.
It is not disputed that the service rendered in the present case is extra service if it does not fall within the foregoing rule. Carrier contends that the attaching of the deadhead car and the transporting of the eighteen deadhead employes does not change the trip as an extended special tour. The Organization contends that it does.
Question and Answer 2 and 3 to Rule 8, we think, clearly indicates the intention of the parties. The effect of these interpretations is that the words "confined to the party making the trip" contemplates other cars used by persons of the same party may be picked up in route but that passengers or cars of other tours may not be so picked up. This means simply that an extended special tour is one where all the revenue of the trip comes from the party making the tour. The word "passengers" as used in the interpretative questions and answers to Rule 8 means a passenger for hire and not an employe travelling deadhead on the Carrier's orders.
The Organization asserts that the fact that claimant was required to make reports and diagrams on this deadhead car and its occupants cause the extended special tour to be no longer "confined to the party making the trip:" We point out that the controlling factor is whether all revenue passengers are confined to the party making the trip and not the duties which the Pullman Conductor performs. Deadhead employes travelling on the Carrier's orders must be considered in the same classification as other employes on the train. This is not only the interpretation placed upon the rule by the 4243-10 311
interpretative questions and answers to Rule 8, but it appears to have been an interpretation long followed by the Carrier without complaint by the Organization until the present dispute arose. No basis exists for an afhirmative award.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and