NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
2:30 P.M., August 15, 1966, for seven vacancies in the conductor run, which was to operate between New York and Miami, and that the bulletining period for this run would expire at 2:30 P.M., August 25, 1966. Starting with August 16, Line 6817 began operating through to Miami and continued to do so until August 22 on which date the air lines' strike terminated. Effective from New York on August 23, 1966, Line 6817 reverted to its seasonal operation between New York and Jacksonville as it existed prior to August 16, 1966.
Finally, on October 6, 1966, Local Chairman J. J. Gillespie filed claim with Superintendent G. S. Holland in behalf of Penn. Terminal District conductors who allegedly were entitled to depart New York in extended Line 6817 from August 8 through August 15, 1966. A copy of Local Chairman Gillespie's letter of claim is set forth on page 1 as Exhibit A.
Hearing on the Organization's claim was held in the office of Superintendent G. S. Holland on March 22, 1967. A copy of transcript of hearing is attached to this submission as Exhibit A.
Under date of April 20, 1967, Superintendent Holland notified Local Chairman Gillespie that he had carefully considered all the facts of record and was unable to agree that the Agreement had been violated, as alleged, or that the conductors identified in the hearing were entitled to any additional compensation. A copy of Superintendent Holland's denial decision is attached as Exhibit B.
In letter dated May 10, 1967, General Chairman H. N. Chancey progressed the claim on appeal to the Company's appeals officer. Exhibit C.
Conference on the claim was held by mutual agreement on November 17, 1967. and under date of December 5, 1967, the Company's appeals officer rendered his denial decision. Exhibit D.
The Organization progressed the claim to the Third Division. National Railroad Adjustment Board in letter dated March 8, 1968. A copy of General Chairman Chancey's letter to the Third Division is attached as Exhibit E.
OPINION OF BOARD: The question at issue herein involves the manning of Pullman service on train known as the East Coast Champion during the period of a major air lines strike that commenced on July 8, 1966.
As the Board understands the record, prior to April 24, 1966, Penn. Terminal District conductors operated the East Coast Champion from New York, N. Y., to Miami, Fla. Effective April 24, 1966, the East Coast Champion and the West Coast Champion (a companion train operated by the conductors of the Jacksonville District of the Pullman Company) were combined north of Jacksonville, between Jacksonville and New York City, and with the City of Miami and the Southwind south of Jacksonville, between Jacksonville and Miami, on a daily basis.
Beginning on June 17, 1966, the East Coast Champion and the West Coast Champion were operated as separate trains north of Jacksonville, between Jacksonville and New York City. The East Coast Champion continued to be combined with the City of Miami and the Soutbwind south of
Jacksonville, between Jacksonville and Miami. The Petitioner states that the Penn. Terminal District Pullman conductor run on the East Coast Champion was restored effective June 17, 1966, but shortened to operate between New York, N. Y., and Jacksonville, Fla,
Due to increase in business brought about by the air lines strike, the Atlantic Coast Line and the Seaboard Air Line Railroads decided to operate two trains, the East Coast Champion and the City of Miami and the Southwind separately between Jacksonville and Miami. The Pullman Company assigned Jacksonville and Miami District extra conductors to handle the New York-Miami cars on the East Coast Champion between Jacksonville and Miami.
On the 31st day of the operation of the restored East Coast Champion operation south of Jacksonville, between Jacksonville and Miami, the company bulletined the restored portion of the operation, between Jacksonville and Miami, for bids by the conductors of the Jacksonville District. The Carrier contends that such action was in accordance with Rules 31 and 46 of the applicable Agreement. The run was designated as Line 6817 and became effective with the first round trip from Jacksonville on August 11, 1966.
On August 13, 1966, the General Chairman of the Organization wrote the Assistant Vice President, Operation, of the Pullman Company:
On August 15, 1966, the Assistant Vice President, Operating, of the Pullman Company, responded to the General Chairman:
On Aust 15, 1966, bulletin was posted in the Penn. Terminal District for seven vacancies in the conductor run, which was to operate between New York and Miami, the bulletin period to expire at 2:30 p.m., August 25, 1966. Starting with August 16, Line 6817 began operating through to Miami and continued to do so until August 22, 1966, on which date the air lines strike terminated. Effective from New York on August 23, 1966, Line 6817 reverted to its operation between New York and Jacksonville, as it existed prior to August 16, 1966.
On October 6. 1966, the Local Chairman initiated claim with the Superintendent on behalf of Penn. Terminal District conductors, who allegedly were entitled to depart New York in extended Line 6817 from August 8
through August 15, 1966. The claim was progressed in the regular manner on the property and is the claim that is before the Division.
The Petitioner contends before the Board that on the 31st day of the operation of what it terms the restored portion of the East Coast Champion, south of Jacksonville between Jacksonville and Miami, the run should have been retored to, and bulletined for bid by the conductors of the Penn. Terminal District, basing its contention on Rule 31 and a portion of Rule 46. The Carrier contends that the bulletining of the service to the Jacksonville District conductors was proper, and that its subsequent action in cancelling the bulletin and bulletining the service to conductors of the Penn. Terminal District was merely an accommodation to the Organization, based on the request of the General Chairman, heretofore quoted.
We have carefully considered the entire record and it is our conclusion that the position of the Employes must be sustained. The contention of the Carrier that its action in bulletining the service to conductors of the Penn. Terminal District on August 15, 1966, was merely an accommodation to the Organisation is not persuasive. The Carrier's response of August 15, 1966, to the General Chairman's letter of August 13 contained no reservation as to its contention with respect to the proper application of the rules.
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 respec tively 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