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:


STATEMENT OF CLAIM :






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.


Form 1 Award No. 32528
Page 2 Docket No. CL-32899


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:


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:






Form I Award No. 32528
Page 3 Docket No. CL-32899
98-3-96-3-254


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:






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.




      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.