Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35518
Docket No. CL-35447
01-3-99-3-341
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12347) that:
1. Carrier violated the Scope of our Agreement when it directed or
allowed strangers to the Agreement to perform clerical (crew
hauling) work on various dates described therein [May 17, 20, June
4, 26 and July 3, 19961.
2. Carrier shall be required to compensate Claimants at Great Falls,
Montana, for eight (8) hours pro rata pay, per violation, to the
first-out, qualified GREB or Extra List employee; if none available,
eight (8) hours pay at the applicable overtime rate, per violation, to
the appropriate regularly assigned employee."
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. 35518
Page 2 Docket No. CL-35447
01-3-99-3-341
The merits of the dispute in this case have been fully addressed in Third Division
Award 35514. In sum, on December 1,1980, crew hauling at Great Falls, Montana, was
exclusively performed by Clerks and there was no agreement by the Organization for
the Carrier to remove that work from the covered employees. The Carrier therefore
violated Rule 1 and the May 6,1980 Side Letter. The claim for the dates covered in the
consolidated Statement of Claim is therefore sustained. The adversely affected
employees shall be made whole at the appropriate contract rate for the amount of hours
of crew hauling performed by strangers to the Agreement on those dates. The matter
is now remanded to the parties to determine the appropriate compensation for the
affected employees.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of July, 2001.