1. Carrier violated the effective agreement when, commencing on July 7, 1988, it required Assistant Agents and Chief Clerks to perform intermodal work reserved to employes of the Intermodal Class.

2. Carrier shall now compensate Ms. M. L. Dotson eight (8) hours' pay at the time and one-half rate for July 7, 1988, and. for each and every day thereafter that a like violation occurs and, further, shall compensate Mr. Leon LaSota eight (8) hours' pay at the time and one-half rate for July 22, 1989, and continuing for as long as a like violation occurs."

Ms. M. L. Dotson. The issue arose when the Chief Clerk or the Assistant Agent, rather than an Intermodal Clerk, receipted for trailers at the Proviso Piggyback Ramp between Midnight and 7:00 am when no Intermodal Clerks were assigned. The second claim, which involves the same issue, was submitted on July 22, 1989, on behalf of Mr. Leon Lasota.

The Claimants were assigned Clerks on the daylight shift at the Piggyback Ramp at the Carrier's Chicago Freight Terminal at Proviso, Illinois. The Proviso Terminal is one of Carrier's major yards and includes a classification yard, arrival and departure yards and two Intermodal facilities for trailers. The C&NW maintains a seven day a week, 24 hour per day operation at the Proviso location.

Clerks who are assigned to the Intermodal positions at Proviso have duties that include receipt for inbound trailers and the handling of all paper work. other clerical employees perform similar duties for other inbound freight. A clerical position is classified as Intermodal by the amount of time devoted to intermodal related duties.

Article VII of the 1986 National Agreement, as quoted below, provides for reduced rates of pay for those employees who are preponderantly, (greater than 50% of the time), engaged in work in connection with the operation of intermodal facilities. This provision was negotiated in connection with the serving of Section 6 Notices whereby the Carrier requested reduced rates of pay for service work and intermodal service positions. Article VII states the following:

"ARTICLE VII - SERVICE WORK AND INTERMODAL SERVICE

Section 1 - Coverage

(a) With respect to service work, this Article shall be applicable to positions classified as, or where more than one half of the duties are generally recognized as, that of janitor, building cleaner, crew driver, custodial watchman, messenger, laborer (ICC Division Nos. 510 and 511), or freight car cleaner.

(b) With respect to intermodal services, this Article shall be applicable to positions preponderantly engaged in work in connection with the operation of intermodal facilities, such as, but not limited to, supervisory, clerical, ramp, hostling, on-and-off loading

BeCtion 2 - Rates of P a9

(a) For positions described in Section 1 above, the full rate of pay for employees who establish seniority after the date of this Agreement shall be 75% of the rate in effect as of November 30, 1985 and shall be subject to Article III, Rate Progression.

(b) If such a position is filled by an employee with less than 6 years of service and who has been furloughed for more than one year as of the date of this Agreement, other than an employee subject to a protective agreement or arrangement, such employee shall be compensated at the rate of 753 of the full rate of the position as of November 30, 1985 and, where applicable, shall also be subject to Article XI, Rate Progression, of the Agreement of December 11, 1981 or local rules governing entry rates.

(c) A non-protected employee, recalled to fill a specific intermodal or service worker position at 75% of the full rate, may decline recall until recalled for any other position or extra list. A protected employee must respond to recall in accordance with existing rules and agreements.

Section 3 - Rate Increases

(a) In lieu of the general wage increases provided in Article I, Sections 2, 4, and 6 the costof-living adjustments provided in Article II, employees described in Section 1 of this Article shall be paid lump sums computed as follows in addition to the lump sums provided for in Article I:

(1) Employees with 2,000 or more straight time hours paid for (not including any such hours reported to the Interstate Commerce Commission

(2) Employees with 2,000 or more

straight time hours paid for (not

including any such hours reported to

the Interstate Commerce commission

as constructive allowances except

vacations, holidays, paid sick leave

and guarantees in protective agree

ments or arrangements) on jobs in

these classifications during the

period October 1, 1986 through

September 30, 1987 will be paid

$1045 (employees covered by Section

1(a) of this Article) or $1160

(employees covered by Section 1(b)

of this Article) during the first

half of December 1987. Those

employees with fewer straight time

hours paid for will be paid an

amount derived by multiplying $1045

or $1160, as the case may be, by the,

number of straight time hours (in

cluding vacations, holidays, paid

sick leave, and guarantees in pro

tective agreements or arrangements,

as described above) paid for during

(3) Employees with 1,167 or more straight time hours paid for (not including any such hours reported to the Interstate Commerce Commission as constructive allowances except vacations, holidays, paid sick leave and guarantees in protective agreements or arrangements) on jobs in these classifications during the period September 1, 1987 through March 31, 1988 will be paid $945 (employees covered by Section 1(a) of this Article) or $1050 (employees covered by Section 1(b) of this Article) during the first half of June 1988. Those employees with fewer straight time hours paid for will be paid an amount derived by multiplying $945 or $1050, as the case may be, by the number of straight time hours (including vacations, holidays and paid sick leave and guarantees in protective agreements or arrangements, as described above) paid for during that period on jobs in these classifications divided by 1,167.

(b) Where lump sums under this Article or under Article I are due employees with seniority dates prior to the date of this Agreement, who are subject to Article XI, Rate Progression of the Agreement of December 11, 1981, or local rules governing entry rates, such lump sums shall be the amount of the lump sum produced by the applicable Section multiplied by the weighted average progressive or entry rate percentage applicable to wages earned during the such lump sum determination period.

(c) Where lump sums under this Article or under Article I are due employees with seniority dates subsequent to the date of this Agreement, who are subject to Article III, Rate Progression of this Agreement, or local rules governing entry rates, such lump sums

Section a - subsequent Negotiations

Within 60 days following the date of this Agree-ment, the parties shall begin local negotiations on further collective bargaining provisions governing the rules, rates of pay and working conditions of employees engaged in intermodal work.

Section 5 - Savings Provision

Nothing in this Article is intended to restrict any of the existing rights of a carrier."

On June 23, 1989, due to a decline in piggyback business, the Carrier abolished three positions at the Proviso Piggyback Ramp. These were Position 911, General Clerk, Position 682, General Foreman, and Position 608, Trucker. The duties of the General Clerk and the General Foreman included the receipt and dispatching of trailers and containers. In addition to the abolishments, the Carrier changed the stated hours of operation of the ramp from 7:00 a. m. to 6:00 p. m. Monday through Friday, and 8:00 a. m. to 4:00 p. m. on Saturday.

Simultaneous with the abolishment of those positions, the Carrier established positions to perform other duties required by train operations at the Proviso Terminal. These positions were not designated as intermodal Clerical positions, and therefore, did not receive the reduced intermodal rates of pay. Subsequent to tune 1989, when trailers were delivered to the Proviso Terminal during the second or third shift, a clerical employee receipted for the trailer. Other related paperwork was held to be completed by the Intermodal Clerks when they were on duty on the day shift.

On September 1, 1988, the Organization submitted a Claim on behalf of Ms. Dotson stating that "Intermodal Clerk work had been performed by the Chief Clerk and Assistant.Agent in violation of the National Contract." On August 29, 1989, the Organization submitted the second Claim on behalf of Mr. LaSota citing Carrier for the same violation which allegedly occurred during the second shift.

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