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SECTION 11 OF OREGON Sf:ORTLINE III ARBITRATION COf·1`1ITTEE

PARTIES TO DISPUTE: United Transportation Union and

Award No. 1 Case No. 1 Illinois Central Gulf Railroad STATEi·lENT OF CLaIUI: Claim of Yardman W. J. Fulcher, Employee 10. 627731, Louisville, Mississippi for $318.31 make up pay -or Adjustnent Period No. 13 (July 12 through Aucust 8, 1982) a,d fer S?_Z-32 make up pay for Adjustment Period No. 3 (Octcbe= ·! thrc_ch October 31, 1982). FINDINGS: The Interstate Ccnnerce Commission grantee to Carrier authority to abandon a portion of the New Albe.^.·: District between P:oodland and Ackerman, Mississippi, imccsing Oregon Short Line III Protective Conditions. As a transaction, the Louisville to I?ouston Local February 26, 1982. The working as a brakeman o Mr. Fulcher was thus an position abolished as a C1ai_,ant, Yardman W. J. n OL this abolished en

=ulcher, was this t=aim at the time of a*--olish-ent. employee who was the ocz-~:,ant of a result of a transaction. While he

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immediately marked to a brakeman's position on the Louisville to West Point Local, a job in the same class of service as the one which was abolished the evidence shows that the compensation earned on this new job was less than the job abolished as a result of the transaction. Please see Employee's Exhibit D. We find that Mr. Fulcher was indeed a "Displaced Employee" within the plain meaning of the OSL III conditions because as a result of the transaction he was placed in a worse position with respect to his "cempensat?on." We shall sustain this claim. Award 'Cla=m susta_-:ed. D ai~7 .~ ~_ ,~ _ ~.d P. Twcmev, Ch ~=non R. T -lade, E-7=loyee Member R. ~ Richter, Carrier :te:,,te= Dated: 4IIp4~,5 SECTION 11, OREGON III ARBITRATION COMMITTEE Award No. 2 P?-RTIES TO DISPUTE: Case No. 2 United Transportation Union and Illinois Central Gulf Railroad Si3TE:?J\T OF CLAIM: Claim of D. H. Luke for displacement allowance as a r=salt of aba^der-ment of Pearl Rive- District. F?':DWCS: On Dece-icer 10 , 1 9 / 9 , t-a Inters to ~a COmmerCe CCnm=s_'_On app.cved the abandonment ct a portion o- the Carrier's Pearl River District from Wells to Walnut Grove, Mississippi. In apcrcvinc, the abandonment, to Commission imposed the Ore,:= Sherz Line Protective Conditions (Orecon III). Prior to the abandor=,ent, two thro,_ch trains ocerated between Jackson, Mississippi and Louisville, Mississippi via Un'_cr., Mississippi. On April 3, 1980, t~:e line was abandoned and the jobs operating via Union were chanced to operate between Louisville, Mississippi and Jackson, Mississippi via Ve-.:ton, Mississippi. An e:<-=z '_.ng local performing service between Newton and Union would thereafter also operate rt G between Union and Walnut Grove, Mississippi. Finally, a switch engine operating out of Jackson, Mississippi would service Wells. The Claimant, Mr. D. H. Luke, was a regular flagman on the Louisville to Philadelphia local. Mr. J. D. Fleenar who was regularly assigned to one of the positions operating via Union rolled Mr. Luke after th~above set forth change. Mr. Luke then exercised his seniority and compensation on his new position was equal to or greater than the compensation of the job he held prior to the aba^don.:.-nt. Some two years after the abandorLment, the Carrier rearranged certain trains off the Cleveland District to t_._ Yazoo District. As a result, the local chairman or the C-=U requested a reallocaticn of jobs assigned to thre;:ci f_ei=t service, w:zich is permissible under the ICG-GM0 Mercer Agreement with the UTU. As a result, Mr. Luke was disci=c= as follows: 1. 1r. B. K. Martin was disclaced on March 19, 1°82, as conductor on LUJ-JUL -1 by a District 5 employee. ,tr. Martin then placed himself as pilot for the same District 5 employee. Pilot position being required, this was an ccen jab for senior conductor under G_'.&0-Lines South Sciedule. 2. Mr. B. K. Martin displaced Mr. D. H. Luke of conductor position Louisville-Union Turn Local on Ma-ca 2s, 1982, and Mr. Luke displaced onto the brakeman position cn the same local assignment. In order to qualify for OSL III benefits, an emplcyee must be "placed in a worse position with respect to his compensation and rules governing his working conditions" as P J a result o° the "transaction" as specifically required by the definition in the Oregon Protection Conditions which states as follows: (b) "Displaced employee" means an employee of the railroad who, as a result of a transaction, is placed in a worse position with respect to his compensation and rules governing his working conditions. '1 he Carric:x's evidence is not contradicted that after the abandonment on April 3, 1980--the transaction in question-Mr. Luke obtained a position that. was equal to or greater than the compensation of the job he held prior to the abandennent_ Thus in April of 7980 he did not qualify as a "displaced em=loyee" within the plain meaning of the a=o·;e set forth lancuage.l The evidence of record shows that the adverse eWe~=t o= the March 1982 displacement of Mr. Luke was the result of the implementation of a provision of the Merger Agreement. T'.-.e fact that the Carrier paid claims Mr. Luke submitted aft__ being displaced by Mr. Martin to March 10, 1983 cannot se=ve to make the instant claim valid under the facts of this c_se the involved lIt should be made very clear that not all employees ink seniority districts at the time of the transaction were certified as having been adversely affected as a result o= this transaction. The Organization proposed such language for the Implementing Agreement relating to the abar,dor=ent in question, which proposal was not accepted by Referee Kasher, leavi;-,_g the OSL III language as controlling. n as applied to the language of the Oregon Short Line Protec- tive Provisions. We must deny this claim. Award Claim denied. ~G. ~--~ 0 avid P. Twcmev, Chal an ~" z R . T./ivade, Employee rc.^_`per R. G.~lhiczt2r, Carries . --per Dated: 4~li 1d'S SECTION 11 OF OREGON SfiORTLINE, III ARBITRATION COh?'·IITTEE Award No. 3 PARTIES TO DISPUTE: Case No. 3 United Transportation Union and Illinois Central Gulf P,ilroad STATE_'.IENT OF CT-AIM: Claim of Brakeman J. D. Morgan, Employee No. 37891, for Orecon III benefits co~.-erinq Adjustment Period Nn. S (Noveaber 29 through Dece7iber 26, 1982) and Adjustment Period No. 6 (December 27, 1982 through January 2-'_'_, 1983). _FI=:DI`ICS As of February 14, 1982 the Inter_tate Commerce Co:r~ission granted the Carrier authority to abandon trackage from ?omis, Tennesseee to Coffeeville, hlississiooi, imcosi.^.c Oregon Short Lire Protective Conditions. The Kyle Railway Cc,-.,-any purchased the above portion of the Carrier's railaoac, but it was unable to bee n service as of February 14, 1982. The !CG continued to operate the trackage is question until February 27, 1982, on which date the IC(,- ceased eceratio.^.s on that portion of the railroad. The IvG c'_=icially abandoned the trackage from Bemis to Coffeeville as of March 1, 1982. z The Claimant, Mr. J. D. Morgan, had been working a brakeman's position on the water Valley to Holly Springs Local since September 1, 1981. The position was created by the absence of regular brakeman L. F. Olivis, who was off due to personal injury. Mr. Olivis returned to work from his injury leave of absence on February 25, 1982, and rolled Flag-man C. 11. Riley from the Watei-Valley to Holly Springs Local. Mr. Riley then rolled Mr. Morgan on February 26, 1982. When operations ceased on the trackage in question and when the carrier officially abandoned the trackage, the train crow oprrni-:ir~g the train on the district consisted of. Conductor A. K. Thomas, Brakeman C. N. Riley and F1ac:~an L. F. Olivis. A11 three r_en were deeme·-4 acversely af=ect°_= by the transaction and have be=n grante_' protection under Oregon S:-ort Line Ccnd_tic-n-s. We are compelled to de.^.y Mr. Morgan's claim. If :·t_-Olivis had not returned to work from his injury leave aind rolled Flacman Riley, which resulted in :Ir. Riley rolling Mr. Morgan, Mr. Morgan would have been a "displaced employee" since he would have been placed in a wcr-_2 position with respect to compensation as a result of t:,a transaction--,'-, ceasing o°_ operations and abandonment of 'he trackage. Unfortunately for Mr. a?crcan he was plac_3 in a worse pos-:tion with regards to ccmpensa=ion as a result o` Mr. 0livis' return to work, not the transaction just rePerr? to. 3 The contention by the Organization that a transaction took place on February 19, 1982, the date on which the ICG was authorized to abandon the trackage, cannot serve to provide benefits for Mr. Morgan under OSL III Conditions, for even if such was a transaction, the mere fact that a transaction occurs does not qualify an employee for OSL III benefits, if it is shown that the cause for his job displacement was a factor other than the transaction. In this case, as set forth above, Mr. Morgan's job displacement was caused by Mr. 0livis' return to work, and not a transac- tion. -- - ;;e are coTa:--e11ed to de .y this claim. r.-.:ard Clan denied. ' ~-~J vid P. i.rc;~.ey, Ci,aW~n 7 c., i, ~~ . - - R. T/;1~de, Employee biE..~Ler R. G. R_.~hter, Carrier t._=- e_ Dated: -4 /11 1 YS' SECTION 11 OF OREGON SHORT LINE III ARBITRATION COMMITTEE Award No. 4 PARTIES TO DISPUTE: Case No. 4 United Transportation Union and Illinois Central Gulf Railroad STATE:JEVT OF CLAIM: Claim of Oregon III protective benefits for D. W. Key, Employee t.'o. 626708, for Adjust_ment Period No. 4 .(Nove:^ber 1 through November 28, 1982) and Adjust=ent Period No. 5 (No:~e:7te= 29 through Deco,^er 26, 1°82). FI`7DI`:CS: The Interstate Cc=erce Cemmissicn Granted the Carrier authority to abandon a portion o° the New Albany District between p,emis and Middleton, Tennessee, -goosing Oregon Short Line III Protective Conditions. Effective March 15, 1982, t1- - Carrier atandoned the line and abolished the f·Iiddleton-nc-His Local, causing the displacement of t^_e five crew me:lbers, inclucinc the Claimant, t^1. D. W. Key. u=. Key was ,,Tcrking the fia=ian position en the abolished c_--·.r. However, he promptly exercised his seniority to a h--her paying jcb on the Jackson to Okolona Local. Mr. Ke'r c.^_ntinued to hold this 2 higher paying job until June 14, 1982 at which time he was displaced by a series of bumps which were unrelated to the march 15, 1982 transaction and were seniority moves permitted by the Schedule Agreement. While Mr. Key was affected by the transaction in march of 1982, in order to qualify for OSL III protective benefits as a "Displaced employee" the affected employee must be placed in a worse position as to cor,pensation and rules. The definition of a "Displaced employee" set forth in the OSL III Conditions is as follows: (b) "Displaced cm.ployee" means--: n em:plcyee - of the railroad who, as a result o= a transaction, is placed in a worse position with respect to his comoensa-ion a.^.d rules governing his ·:rorking condit;ons. 7!r. Kay was able to obtain a higher paying position ir.:,~ci ately fo11c·.qing tie transaction. And, since yes. Key was able to obtain a position where his com.pensaLion was ec·nal to or greater than his compensation prv-r to tt:e tru.^.s=ct_c n, he ..=s not placed in a worse position with re:ards to his co::.censaticn and does not qualify as a "Displ aced e.-:elc_~ee_" bY e, was displaced from the hip' er paying position on the Jackson to Okolona Local on June 14, 1982 when he was displaced by a series of bumps, which t:--_ evidence shows ::ere unrelated to the :'arch 15, 1932 tra::~artion. The moves in question were seniority moves permit-.2,-4 t:y t:,e schedule agreement andf;qere not connected with _ abandonment.As 3 such ;!r ._ -Key did not become entitled to OSL III benefits on June 14, 198.2, since the abandonment of the Bemis to ciidd l etcn trac .ace on March 15, 1982 was not the cause of his June 14, 1982 displacement. We must deny this claim. Award Claim denied. i~ -~ l Cy _ v_`c ?. _nc;,ey, Chair az _/ _ - r _ __. __ Tt. 1 n'~C~, -'ulc ;Jc_.- i~_-C= t~. ~_ C.=C^u2_`, ~.'arrl= D a to Q:-~ %/ ,y-S SECTION 11 OF OREGON SHORT LINE III ARBITRATION COMMITTEE Award No. 5 PARTIES TO DISPUTE: Case No. 5 United Transportation Union and Illinois Central Gulf Railroad -' STATEMENT OF CLAIM: Claim of Brakeman J. L. Marcom, Employee No. 37892, for Oregon III protective benefits covering Adjustment Periods 9, 10, 11, 12, 13, 1, 2 and 3 of 1982. FINDINGS The Interstate Commerce Ce=issicu granted the Carrier authority to abandon a portion of the New Albany District between Bemis and Middleton, Tennessee, imposing Oregon Short Line III Protective Conditions. The abandonment occurred on March 15, 1982. . On March 14, 1982, the Claimant, M-r. J. L. Marccm, was working off the extra board filling a temporary vacancy position on the Jackson to Okolona Local created by the absence of regular brakeman J. 5. Car,, who was off due to personal injury. He was rcllec from this temporary job at 7:30 p.m. on March 14, 1982 by uLr. J. W. Ross, a move which was unrelated to the abandonment. Twenty-five minutes later Mr. Ross was displaced by Flagman D. W. Key, who was working the New Albany to Middleton Local, which was abolished as a result of the transaction referred to above. On March 15, Mr..Marcom completed the return trip to Jackson on OJ2 and Mr. Key went out on JO1 on March 16. The Organization claims that Mr. Marcom was adversely affected by the abandonment of the trackage from Middleton to Bemis in March of 1982, and that he is entitled to OSL III benefits as a displaced employee because of the transaction. TLe principal tseor-yof the Organization as hantiled or. the property and is now properly before this Hoard is that Mr. Marc= is entitled to OSL III benefits as a disclaced employee because he worked the Jackson to Okolona Local, working to Okolona on MarcA 14, 1982 and returning to Jackson on March '_5, 1982, and that he was adversely affected by the chain of displacements originating with the abandonment of March 15, 1982. We find that Mr. Marcom was not adversely affected by the chain of displacements as set forth in the facts above. Mr. Ross displaced Mr. Marcom in the exercise of his senioritv as was his right in accordance with the schedule agreement, and this displacement was not related to the transaction in any manner. Mr. Ross was then displaced by Mr. Key, w'.^.o land been displaced as a result of the 3 abandonment. Mr. Ross then if he was placed in a worse position by the transaction with regards to his compen sation, would then qualify as a "Displaced employee" entitled to OSL III benefits. The record shows that in fact Mr. Ross was placed in a worse position with regards to his compensation and he is receiving OSL III benefits. Mr. Marcom was a District 4 Jackson, Tennessee extra board employee prior to the March 15, 1982 transaction. After the transaction Mr. Marcom continued working the extra board. No evidence of record exists to show that Mr. Marcom was cut off the extra board because of the above set forth transaction. The Carrier asserts and offers supporting evidence that after the abandonment Mr. Marcom continued to work on the extra board and suffered no loss of earnings. The Carrier further asserts that nay subsequent decline in Mr. Marcom's earnings are attributed to a decline in the Carrier's business and is totally unrelated to the Bemis to Middleton abandonment. While Mr. Marcom was later cut off the extra board and had to go to Fulton, Kentucky to work, based on the record before this Board we cannot find that Mr. Marcom was cut off the extra board at that time due to the March 15, 1982 abandonment. The parties did not develop such a theory of this case in the handling on the 4 property. Therefore we make no finding on such a theory of this case. We must deny this claim. Award Claim denied. is P. Twomey, Chai ;..,_ R. T /Wade, Employee Member . G ichter, Carrier ue:;icer Dated: `fjli ks SECTION 11, OREGON III ARBITRATION COMMITTEE Award No. 6 PARTIES TO DISPUTE: Case No. 6 United Transportation Union -and Illinois Central Gulf Railroad STA=MENT OF CLAIM: Claim of B. R. Barrett for displacement allowance as a result of abandonment of Pearl River District. FINDINGS: On December 10, 1919, the Interstate Commerce Cem.::~ssica approved the abandonment of a portion of the Carrier's Pea=? River District from Wells to Walnut Grove, Mississippi. In approving the abandonment, the Commission imposed the Orecc: Short Line Protective Conditions (Oregon III). Mr. Ivey's letter of March 10, 1983 sets forth pertinent facts in the case as follows: ...Prior to abandonment of Pearl River District trackage on April 3, 1980, you occupied the regular Brakeman position with Conductor J. W. Peebles on Trains LUJ and JUL between Louisville and Jackson, Miss. On April 2, 1980 you went to Laurel when your position was abolished. In his notice of March 31, 1980, Trainmaster J. M. Jennings served notice of the abolishment of your position on arrival at Louisville, Miss., April 2, 1980. z In that same notice, Mr. Jennings advertised a six-day thru freight assignment, known as Job "A", to be established effective April 3, 1980, to operate between Louisville, Miss., and Jackson, Miss., via Newton and between Jackson, Miss., and Louisville via Newton. Mr. W. I. Burrage was Flagman on the assignment you occupied as Brakeman with Conductor Peebles prior to the abandonment. Mr. Burrage and Conductor Peebles bid on and were awarded the new assignment, which was very similar to your old assignment. You were senior to Mr. W. I. Burrage and could ha.' gone to the Flagman position on the new assign· ment and held same thru April 13, 1980. On April 14, 1980, you took the open Brakeman job with Conductor Peebles. This was for all practical purposes your "old job" that you held prior to the abandonment. You continued to hold that position until you were displaced later by a chain of displacements entirely unrelated to the abandonment of ihP Pearl Rorer District trackage. A review of your earnings prior to the abandonment and the earnings of the Flagman position you could have held and the Brakeman position you did hold on Trains JUL and LUJ following the abandonment, reveals the earnings were greater following the abandonment .... In March of 1982, nearly two years after the Pearl River abandonment of April 3, 1980, Mr. Barren was displaced from his job on the Louisville to Jackson assignment by another trainman in the exercise of seniority as a result of a reallocation of jobs permissible under the ICG-G:10 Merger Agreement between the UTU and the Carrier. Mr. Barrett began filing OSL III claims for a displacement allowance, which were paid for three periods. Mr. Barrett was then notified by the Carrier that he was not entitled to a displacement allowance, and that the payments were in error. 3 As set forth in Award No. 2 (Claim of Mr. D. H. Luke) in order to qualify for OSL III Protective Benefits as a "Displaced employee," an employee must be placed in a worse position with respect to compensation as a result of the "transaction" in question. The evidence indicates that after the abandonment of the Pearl River District trackage on April 3, 1580--the transaction--Mr. Barrett's compensation was greater than before the abandonment. As a result he does not qualify as a "Displaced employee" within the clear language of the Oregon III Conditions defining a."Displaced employee.' The adverse effect of the March 1982 aispiac=enr of Mr. Barrett was the result of the implementation of a provision of the Merger Agreement, and was not the result of the April 3, 1980 transaction. The fact that the Carrier had paid three OSL III claims cannot serve to make the instant claim valid under the facts of this case as applied to the clear language of the OSL III Protective Provisicns. We are compelled to deny this claim. Award Claim denied. vid P. rwomey, Chairni 7 c i. /c, l R. V Wade, Employee Member R. ~'. Richter, Carrier Me:zter Dated: I j!/ l ks SECTION 11 OF OREGON SHORT LINE III ARBITRATION COM1NSITTEE Award No. 7 PARTIES TO DISPUTE: Case No. 7 United Transportation Union . -and Illinois Cer;.ral Gulf Railroad STATEMENT OF CLAIM: Claim of Brakeman J. L. Carter, Employee No. 40411, for Oregon III protective benefits covering Adjustment Period No. 1 (August 8 through September 4, 1983); and Period Pdo. 2 (September 5 through October 10, 1983). FINDINGS: The Interstate Commerce Commission granted the Carrier authority to abandon the woodland to Ackerman, Mississippi line, imposing Oregon Short Line III Protective Conditions. The abandonment was effective March 1, 1982. The Claimant, Brakeman J. L. Carter, was furloughed from the extra board at Louisville, Mississippi on February 15, 1982, two weeks prior to the abandonment. Some 1~ years after the transaction Mr. Carter filed his first claim for euaraatee make up pay under Oregon III provisions. The Organization contends that Mr. Carter was cut from the extra board to reduce the Carrier's L liability during the abandonment proceedings. The Carrier contends that Mr. Carter was cut from the extra board because of a decline in business. The evidence shows that Mr. Carter worked a vacation vacancy from November 30 to December 20, 1981. From December 22, 1980 to February 5, 1982, when he was cut off the extra board, Mr. Carter worked a total of thirteen times. This evidence makes it clear that Mr. Carter was not working the required number of days to justify a position on the extra board as per Article 58 (b) of the Trainmen '.s Schedule Ayieement ai7i3 Lfa Note to Section 2(f) of the Dieiger FicL~- tive Agreement. Mr. Carter was properly cut from the extra board. In order to qualify for benefits under the OSL III Conditions, it must be shodn that the employee was displaced as a result of a chain of bumps originating with a transaction. Mr. Carter had been furloughed prior to the transaction in accordance with the agreement. We must therefore deny this claim. Award Claim denied /. D vid P. Twomey, Cna ., ~. -~ / W R. T. ade, Employee Member R. ~. Richter, Carrier Member Dated: '`~ I li kS SECTION 11 OF OREGON SHORT LINE III ARHITRaTION COMMITTEE Award No. 8 PARTIES TO DISPUTE: Case No. 8 United Transportation Union -and- Illinois Central Gulf Railroad STATEMENT OF CLAIM: Claim of J. M. Neal, Employee No. 31930, for Oregon III protective benefits, covering Adjustment Period No. 6 lUecember to, lyd3 th=ouga january i3, lyaa), --in-tne amount of $331.00. FINDINGS: ' The Interstate Commerce Commission c=anted the Carrier authority to abandon trackage between Tavlorsville and Soso, Mississippi, imposing Oregon Short Line II_T Protective Conditions. Later, the Columbia and Silver Creek Railroad asked to acquire the line. The ICC in its Finance Docket No. 30332 approved the sale. On December 31, 1983, the sale was transacted. As a result of this transaction, the Taylorsville Road Switcher was abolished on December 31, 1983. The Carrier furloughed the Claimant, Mr. J. M. Neal, as of 12:01 A.M., December 31, 1983, from the Laurel extra board. Trainman L. A. Clinton, who was occupying a position on the Taylorsville Road Switcher, which was abolished as a result of the transaction on December 31, 1983, marked to a position on the Laurel extra board on January 1, 1984. We have considered the contentions and supporting evidence of the parties, and we find that Mr. Neal's furlough to take effect as of 12:01 A.M., December 31, 1983 was in anticipation of the tra_zsaction which took place on December 31, 1983, and was not the result of a decline in business. We find therefore that M=. Neal was a -displaced emolovee within the meaninc o'_ the OSL III Conditio^s; P-.c? we shall sustain the clam. ::.; a= Claim sus=__.ned. Order: The Carrier is r~ -'_red to make tie move Award effective within t_==y= days o'_ this ?arc. ~f .~/.i'/ ..wid P. 'Wc.^,e_^., Chairma GC.' i/, l4 ~ G P. T /Wade, Employ°e ieRL_^e=<. C~t~ Car=_°__tomber 1Cltern Dated: T~

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