Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35527
Docket No. CL-35505
01-3-99-3-414
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-12377) 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 [The Organization
filed 36 separate claims for the following dates: July 1, 2, 3, 5, 7, 8,
9, 13, 14, 15, 17, 18, 20, 21, 22, 23, 27, 28, 29, and 30, 19971.
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.
Form 1 Award No. 35527
Page 2 Docket No. CL-35505
01-3-99-3-414
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.