Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35520
Docket No. CL-35482
01-3-99-3-383
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-12363) that:
1. Carrier violated the Schedule Agreement dated May 6, 1980,
specifically Rule 1, when on August 31, September 3, 7, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28, and 29, 1996, (47
separate violations) it directed or allowed strangers to the
Agreement to perform clerical work of crew hauling to and from
Great Falls, Montana.
2. Carrier will be required to pay eight hours pay at the straight time
rate to the first-out, qualified GREB employee at Great Falls,
Montana. If there were no GREB employees available, claim is
then on behalf of the first out qualified Extra List employee at Great
Falls, Montana for eight hours pay at the straight time rate. If
there is no GREB or Extra List employees available, claim is then
on behalf of the appropriate regular assigned employee at Great
Falls, Montana at the appropriate overtime rate of pay."
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.
Form 1 Award No. 35520
Page 2 Docket No. CL-35482
01-3-99-3-383
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
The merits
of
the dispute in this case have been fully addressed in Third Division
Awards 35514 and 35515. 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 fact that the
work in dispute may have included crew hauling resulting from the Carrier's rerouting
of
traffic does not change the result.
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.