(1) The Agreement was violated when the Carrier assigned Supervisor T. J. Talbott to perform Maintenance of Way work in connection with the rail train operations on March 8 through 17, 1992 at various locations on the Salina (Kansas), Pine Bluff, Van Buren (Arkansas), Memphis (Tennessee), and Longview (Texas) Subdivisions and on April 7 through 15, 1992 on the Cherokee Subdivision, Erie, Kansas (Carrier's File 920406 MPR).

(2) As a consequence of the violations referred to in Part (1) above, Work Equipment Mechanic L. D. McCloud shall be allowed seventy-two (72) hours' pay at his straight time rate, one hundred fifty-three (153) hours' pay at his time and one-half rate and forty (40) hours' pay at his double time rate of pay."

The issue of whether the Claimant is entitled to perform the roughrider work in dispute is governed by the findings of Public Law Board No. 5557, Award 1. In that case, the Public Law Board held that former Missouri Pacific Eastern District Work Equipment Mechanics have no contractual jurisdiction to perform roughrider work on former Union Pacific or other railway lines, but, based upon a controlling past practice established by the parties, are entitled to perform roughrider work over the entire system of the former Missouri Pacific Railroad. While the Public Law Board noted that this right was not exclusive to the Work Equipment Mechanics, it held that the Carrier violated the Agreement by utilizing supervisory rather than other authorized, qualified employees to perform the roughrider work. Thus, the claim relating to the April 7-15, 1992 work of train JTS13C50 is denied, based upon the fact that the roughrider work at issue there was not performed on former Missouri Pacific lines. The claim relating to the March 8-17, 1992 work of train D08M54 is sustained as to the actual time spent unloading on the Pine Bluff, Van Buren, Memphis and Longview Subdivisions, but is denied with respect to the work performed on the Salina Subdivision, which is former Union Pacific territory.

With respect to the appropriate remedy, the decision in Public Law Board No. 5557, Award 1, is also determinative. There it was held that, based upon Third Division precedent for Scope Rule violations where a supervisor performs the disputed work, a monetary remedy would be appropriate for violations on the former Missouri Pacific lines, despite the fact that Claimant was fully employed, but further held that under these circumstances, the monetary remedy should be limited to payment at the straight time

rate. The Public Law Board made clear that a monetary award would include the actual time expended in loading or unloading of rail or any other Scope Rule work performed by the supervisor on the appropriate claim dates, exclusive of transport time. Therefore, the Claimant shall receive compensation at his straight time hourly rate of pay for the actual time spent by Supervisor T. J. Talbott unloading rail on the Pine Bluff, Van Buren, Memphis and Longview Subdivisions between March S and 17, 1992.

AWARD