Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32528
Docket No. CL-32899
98-3-96-3-254
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(St. Lawrence & Atlantic Railroad Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Organization (GL-11214) that:
(1) Carrier violated the Working Agreement, specifically Article IV -
Equity Considerations of the May 14, 1993 agreement, when it
denied the Organizations request to amend the Agreement, through
application of Article IV, to provide for compensation and benefits
in accordance with the terms of the agreement between Carrier and
the United Transportation Union dated June 11, 1994.
(2) Carrier shall now be required to increase the rates in Classification
A $1.00 per hour retroactive to June 11, 1994."
FINDINGS
:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
Form 1 Award No. 32528
Page 2 Docket No. CL-32899
98-3-96-3-254
On May 14, 1993, the Organization and Carrier amended their Agreement.
Contained in the amended Agreement was a "me too" or Equity Consideration clause.
That provision reads in pertinent part as follows:
"In the event that an agreement is reached with another Union
which contains provisions for bonus payments, wage increases, lump sum
payments, Cost-of-Living Adjustments or other benefits in excess of those
provided by this agreement, the St. Lawrence & Atlantic will, upon
request from the General Chairman signatory to this Agreement, apply
such wage, rule and/or benefit provisions to the employees covered by this
agreement provided, however, that any offsetting considerations (or
equivalent offsetting considerations if appropriate) agreed to by such other
Union in return for wage and/or agreed to by other Union in return for
wage and/or benefit provisions, will likewise be applied to the employees
covered by this agreement."
On June 11, 1994, the Carrier entered into a new Agreement with the United
Transportation Union (UTU) covering Carrier's train and engine employees. That
Agreement contained the following provisions:
"ARTICLE 16 - CREW REQUIREMENTS
A. Except as provided herein or in any side letter hereto, the crew
of all assignments (regular or extra) shall consist of not less than one (I )
Engineer, one (1) Conductor, and one (1) Brakeman.
B. The crew of all through freight assignments (regular, area or
pool) between Island Pond, Vermont and Danville Junction, Maine may
consist of one (1) engineer and one (1) conductor, provided no switching is
performed in route (unless a utility brakeman works with the assignment
as provided in Section C below Engineer and Conductor shall receive the
short-crew allowance described in Exhibit B, Paragraph B herein.
EXHIBIT B- COMPENSATION
Form I Award No. 32528
Page 3 Docket No. CL-32899
98-3-96-3-254
B. Employees subject to this Agreement on assignments with only
one engineer and one conductor (and no brakeman) shall each receive
$2.00 per hour in addition to the hourly rates stated in paragraph A
above."
Under letter of August 1, 1994, the Organization requested that the Carrier apply
the $1.00 per hour wage differential set forth in "Compensation - Paragraph B" (above)
to the TCU Agreement, to match the increase granted the UTU. By letter of August 30,
1994, the Carrier responded as follows:
"Please refer to your letter of August 1, 1994, wherein you asked the
carrier to apply the same wage increase contained in the June 11, 1994,
agreement between the UTU and the SLR.
The wage increase that you referenced is in fact the same for all
SLR employees falling under pay classification `A' regardless of their
union affiliation. Under the current UTU contract, it was agreed that the
UTU would relinquish all rights to the third crew members position. The
eight dollar per day disparity is payment for this position.
As to your request for additional benefits, more specifically side
letter #2 of the UTU agreement, the carrier would be willing to extend the
benefits in this letter of all of its contractual employees.
The carrier on the other hand would ask that you also accept the
conditions set forth in A, Article 20-F, Paragraph #2.
`A,
Article 20-F,
Paragraph 2,' refers to UTU employees' qualification for sick days, and
would represent a decrease in the similar provision in the TCU agreement.
On November (1, 1994, the Organization appealed the claim, and it was
subsequently progressed in the usual manner."
The language of Article IV of the TCU Agreement is clear. Wage Equity between
TCU employees and employees covered by subsequently settled Agreements will be
maintained. Such equity, however, is not judged solely on wage increases. Rather, as
noted in Article IV, any wage increases will be considered in light of other "offsetting
considerations" conceded by the non-TCU Organizations.
Form 1 Award No. 32518
Page 4 Docket No. CL-32899
98-3-96-3-254
In this case, the Carrier offered to meet the Organization wage equity demands
in exchange for "an equivalent offsetting consideration" to match the UTU's
relinquishing a third crew member position. The TCU declined to do so. The
Organization has failed to refute the Carrier's position that the UTU $8.00 per day wage
increase was, in fact, "bought" by giving up the third position. Accordingly, we find
that, under Article IV of the TCU Agreement, Carrier is not obliged to grant the $1.00
per hour increase sought by the Organization.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of March 1998.