THIRD DIVISION
(Supplemental)
ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN,
PULLMAN SYSTEM
STATEMENT OF CLAIM: The Statement of Claim as expressed by the Order of Railway Conductors and Brakemen, Pullman System, in its letter of appeal, dated September 19, 1961, to the highest appeals office of The Pullman Company, is as follows:
CARRIER'S STATEMENT OF FACTS: In April, 1961 Conductor lI. N. Chancey, Penn Terminal District, regularly operated in Line 6813, which is carried on "The Florida Special" between New York and Miami, Florida.
On April 8, 1961, "The Florida Special" arrived in New York with two conductors assigned to it in regular operation, Conductor Chancey in charge of the forward cars and Conductor C. H. Kincade, Penn Terminal District, in charge of the rear Pullman cars. According to the record, "The Florida Special" stopped short of the station at 11:09 P. M., April 8, and Conductor Chancey requested the Pennsylvania Railroad that the train be moved ahead to facilitate unloading the last two Pullman cars on the train.
The record is clear that Conductor Chancey was required to perform work in Penn Station after expiration of his established layover. He should be credited and paid as provided in Rules 10 (b) and 22.
The facts in this case, the rules of the Agreement, identical claims settled under the rules, and Awards referred to clearly and definitely require that the position of the Employes be sustained.
All facts submitted have been presented to the Carrier and made a part of this dispute.
OPINION OF BOARD: Claimant was one of two conductors on "The Florida Special" which arrived in New York on April 8, 1961. The train was due to arrive in New York at 6:15 P. M. Instead, it pulled into the station at 11:09 P. M. The train stopped short so that the rear two cars did not reach the platform. Claimant and the other conductor notified the Station Master. The train moved forward after passengers and baggage had been unloaded from the cars that had reached the platform. That was about 11:45 P. M. and the train was released at 11:50 P. M.
Claimant contends that he is entitled to 6:50 hours pay under the provisions of Rule 10(b) because he was required to perform station duty from 11:09 P. M. when the train arrived in the station until 11:50 P. M. when he was released from service. Rule 10(b) reads as follows:
The identical question involving the same parties (even the same Claimant), and the same Agreement was considered by this Division in Award 10995 (Hall) wherein we sustained the claim. We have carefully reviewed the facts and the applicable Rules of the Agreement and we are obliged to conclude that Award 10995 is not palpably wrong or erroneous in its interpretation.
The mere fact that there were two conductors on the train does not alter the situation. The record shows that Car Glen Cedar, assigned to Claimant, was the rear car of the train. At the hearing on August 16, 1961, Claimant suggested that the Company consult the copy of Form 220 Report submitted to the Pennsylvania Station in New York. The evidence is conclusive that Claimant was not released from service until 11:50 P. M.
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
CARRIER MEMBERS' DISSENT TO AWARD 11853
DOCKET PC-13880
Award 11853 is in error in sustaining the instant Claim under Rule 10(b), which rule, in plain and unambiguous language, applies to regularly assigned conductors required to perform station duty, load trains or when called and reporting for road service and not used, etc., whereas the trip of Claimant's regular assignment was not completed until the final stop which placed the last two cars of the train at the station platform.