PARTIES TO DISPUTE:

ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN,

PULLMAN SYSTEM




STATEMENT OF CLAIM: The Order of Railway Conductors and Brakemen, Pullman System, claims for and in behalf of Conductor L. R. Klein, Washington District, that on December 23, 1956 The Pullman Company violated Rules 22, 25, 28 and 61 of the Agreement between The Pullman Company and its Conductors when:




We also ask that he be credited and paid for a deadhead trip from Jersey City to Washington, of not less than 6:50 hours, under the terms of Rules 7 and 23 of the Agreement.






There is an Agreement between the parties bearing the effective date of January 21, 1951 on file with your Honorable Board and by this reference is made a part of this submission the same as though fully set out herein.


For ready reference and convenience of the Board, the most pertinent parts of Rules which are directly applicable or relate to this dispute are quoted as follows:




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of a porter-in-charge and that none of the rules cited by the Organization were violated. Therefore, the claim should be denied.


The Company asserts that all data submitted herewith in support of its position have heretofore been submitted in substance to the employe or his representative and made a part of the dispute.




OPINION OF BOARD: The facts are not in dispute. It appears that B&O Train 2, "The National Limited", operates from St. Louis to Jersey City as Line 2122 with Hoboken District conductors in charge, whose assignment thereto is covered by an "Operation of Conductors' Form".


Said Train 2 was scheduled to arrive at Washington on December 23, 1956 at 7:25 A. M. where it ordinarily would have picked up Car 103 from Line 6111 destined for New Jersey, departing from Washington at 8:00 A. M.


On December 23, 1956, B&O Train 2 ran late and did not arrive until 8:57 A. M. and departed at 9:40 A. M. in charge of Hoboken Conductor (Pullman) Del Bachman who completed the trip to Jersey City in his regular assignment.


That, due to B&O Train 2 late arrival the Carrier decided to operate a "make up" train to which Car 103 from Line 6111 was attached. To this car was assigned one Atkinson, as Porter in charge, which train left Washington at 8:00 A. M. December 23, 1956.


Organization's contention is that B&O Train 2 is covered by an Operation of Conductors Form; that Car 103, Line 6111 designated by Carrier as Gothic Tower, is a regularly assigned car in the conductors' bulletined assignment on Train 2 and, further, that the Carrier is not permitted to operate a porter-in-cbarge on a conductor run and that failure to assign a conductor violated Rules 22, 25, 38 and 61 of the Agreement.













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"RULE 25. Basic Seniority Date. The seniority of a conductor, which is understood in this Agreement to mean his years of continuous service from the date last employed, shall be confined to the district where his name appears on the seniority roster.


No deductions shall be made from the seniority of conductors for time spent on authorized leaves of absence, furloughs or sickness."




RULE 38. Operation of Extra Conductors. (a) All extra work of a district, including work arising at points where no seniority roster is maintained but which points are under the jurisdiction of that district, shall be assigned to the extra conductors of that district when available, except as provided in paragraphs (d) and (e)."



For brevity, only the first paragraph of Rule 38 is reproduced here.

Organization in its brief states that "the issue to be determined here is whether the conductor run on B&eO Train 2, which is covered by an Operation of Conductors' Form, was extra service and, therefore, subject to the option contained in Rule 64(b); or, was it a conductor run, making it mandatory for Carrier to assign a conductor."


Rule 64(a) and (b) of which sub-section (b) is referred to in the preceeding paragraph, reads as follows:



(b) Management shall have the option of operating conductors, porters in charge, or attendants in charge, interchangeably, from time to time, on all trains carrying one Pullman car, either sleeping or parlor, in service; except with respect to certain conductor operations as specifically covered in the Memorandum of Understanding re-executed at Chicago, Illinois, December 20, 1950."

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Rules 22 and 38 apply specifically to extra service. It has been held by this Board that Rule 38 must be read in conjunction with Rule 64, as the latter rule applies to extra men as well as regularly assigned men. Award 5934.


Rule 61 was not violated because Train 2 was not cancelled on the claim date and departed from Washington in charge of Hoboken Conductor, Del Hochman, who thus completed the trip to Jersey City .


We are of the opinion that Rule 64(b) governs this particular claim and that this Rule did not require Carrier to assign a conductor to the make-up train carrying one Pullman car: that under the condition then existing Carrier had a right to assign a porter in charge, at its option.


Question has been raised by Organization as to the status of the employe designated for this trip as porter-in-charge. The record shows he was com petent, was equipped for such duties and was paid the porter-in-charge rate for the services performed. If such designation were improper, it might be a matter of concern between the Carrier and the Organization representing the Porters, but we feel this plays no part in the issue we are here determining.


FINDINGS: The Third Division of the Adjustment Board, 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






    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 27th day of April 1962.