Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37089
Docket No. MS-36693
04-3-01-3-197
The Third Division consisted of the regular members and in addition Referee
James E. Nash when award was rendered.
(Thomas J. Yetmar
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM
:
"This is to serve notice, as required by the rules of the National
Railroad Adjustment Board, of our intention to file an Ex Parte
Submission within thirty(30) days covering an unadjusted dispute
between M. L. Elsberry, D. D. Basile, M. A. Williams, L. C. Stearns, D.
J. Eifealdt, D. R. Haag, G. L. Voge, T. A. Baker, T. W. Jones, R. J.
Fleagle, T. M. Naugle, T. J. Yetmar, W. E. Smith, D. A. Androy, J. W.
Braden, R. E. Gillen, J. R. Ariel, L. Ferguson and the Union Pacific
Railroad involving the questions:
All District Foremen currently working on the former Chicago and
Northwestern Railroad should be compensated at a rate rive (5) cents
per hour more than the highest rated job that works directly for said
District Signal Foremen retroactive to February 1, 2000 and
continuing. Carrier has violated current Signalmen's Agreement,
particularly Appendix A, the Implemention (sic) Agreement of January
1, 2000, and Section 3 of the August 7, 1941 Letter of Understanding
when beginning on February 1, 2000 and continuing Carrier failed to
compensate the District Signal Foreman at the appropriate rate.
Carrier File No. 1225282, General Chairman's File No. Ndsf-050. BRS
File Case No. 11558-UP."
FINDINGS
:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 37089
Page 2 Docket No. MS-36693
04-3-01-3-197
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.
The Claimant argues that the parties entered into an agreement whereby District
Signal Foremen would be compensated at the rate of not less than five cents an hour
more than employees working under their supervision. According to the Claimant,
these terms were agreed in a letter of understanding dated August 7, 1941 between G.
F. Stephens of the C&NW Railroad and 1. M. Fisher of the Brotherhood of Railroad
Signalmen.
The Claimant offered rosters, pay scales, memoranda, and several letters that
made general references to the stated letter of understanding. However, the record
before the Board included neither the agreement nor excerpts from agreement
language that would support the Claimant's allegation that the Carrier violated the
agreement.
The Carrier insisted that the letter of August 7, 1941 was merely correspondence
from the General Chairman requesting how the District Signal Foremen should be
paid. The Carrier emphasized that the letter was neither signed nor acknowledged as
an agreement by a Carrier official.
The Carrier maintains that Rule 50 of the C&NW Agreement specifically
outlines the rate of pay to which a District Signal Foreman is entitled as of January 1,
1985. The Carrier made the additional point that several wage Agreements and
adjustments have been made between the interested parties since 1941. None have
utilized the formula suggested by the Claimant.
We have read and evaluated the entire body of evidence laid before us. We are
unable to find any facts supportive of the Claimant's assertion that the parties reached
an agreement whereby District Signal Foremen would be compensated in the manner
alleged by the Claimant.
Form 1 Award No. 37089
Page 3 Docket No. MS-36693
04-3-01-3-197
AWARD
Claim denied.
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 21st day of July 2004.