Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28355
THIRD DIVISION Docket No. CL-28416
90-3-88-3-201
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Alton and Southern Railway Company
STATEMENT OF_ CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10264) that:
1. Carrier violated the Agreement when, on the dates of April 18 and
19, 1987, it required employes not covered by the TCU Agreement to footboard
crews between points on the Alton and Southern Railway.
2. Carrier's action violated the Agreement, expressly, Rule 1 and
associated Rules contained therein.
3. Carrier shall now be required to compensate Mr. Ronald Leezy for
eight (8) hours at the straight time rate of $12.6586 per hour for each date,
April 18 and 19, 1987 and; Mr. Donald Case and Mr. Ken Fulton eight (8) hours
each at the straight time rate of $12.6586 per hour for the date of April 19,
1987."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
As Third Party in Interest, the International Brotherhood of Firemen
and Oilers was advised of the pendency of this dispute, but chose not to intervene.
Form 1 Award No. 28355
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The basic facts of this case are set forth as follow: On April 18
and 19, 1987, Carrier used non-Agreement employees to transport Hostlers and
Hostler Herders on Carrier's property. It was the Organization's position
that said actions violated the controlling Agreement specifically Rule 1
(Scope Rule), which in part precludes the removal of work from the Agreement.
Essentially, the Organization argued that consistent with said Rule and the
decision in Third Division Award 17934, the work of transporting or footboarding crews belonged to t
position, the Organization noted that Carrier considered Hostlers and Hostler
Herders as integral components of crews as evidenced by Carrier's March 2,
1987, letter to the United Transportation Union's General Chairman. In part,
said letter read,
"this in reference to our conference concerning
the establishment of crews consisting of an
Inside/Outside Hostler and Herder/Switchman
position."
In rebuttal, Carrier asserted that said work did not accrue exclusively to the Clerks and furthe
observed that with the exception of the period March 6, 1980, to May 9, 1980,
and then beginning on March 5, 1987, there were no Hostler Herders on the
property and no Hostlers or Hostler Herders positions between May 21,1970,
and March 6, 1980. Accordingly, since said positions were not in existence at
the time Third Division Award 17934 was issued (Award dated May 21, 1970) and
since for the brief period said positions, in fact, existed, they were transported by Roundhouse For
duty at the Roundhouse and needed to be transported through their entire
shift, the work involved was distinguishable from delivering a train crew at
the beginning of a shift and then returning the same crew at the shift's end.
In considering this dispute we concur with the Organization's position. We recognize, of course,
short period of time, but Carrier considered such positions within the generic
category of crews. Since under the authority of Third Division Award 17934,
Clerks were responsible for footboarding crews, if a Clerk was available to
perform such work and since we find no distinction among types of crews, we
must, of necessity sustain the Organization's petition.
On the other hand, we find the compensatory remedy proposed by the
Organization excessive and unsubstantiated by the record and thus we will
award each Claimant two (2) hours straight time pay for each day of the cited
violation.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 Award No. 28355
Page 3 Docket No. CL-28416
90-3-88-3-201
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: . l
Nancy J D r - Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1990.