Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35522
Docket No. CL-35484
01-3-99-3-385
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-12365) that:
1. Carrier violated the Schedule Agreement dated May 6, 1980,
specifically Rule 1, when on January 3, 4, 5, 7, 8, 9, 10, 13,14,15, 16,
17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, February 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 19, 21, 22, 23, 26, 27, and 28, 1997 (111
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. 35522
Page 2 Docket No. CL-35484
01-3-99-3-385
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.