Co. Files TRN 180-18-2 Award No. 2
ARBITRATION COMMITTEE. ICC F. D. N0. 2011
BROTHERHOOD OF RAILROAD TRAINMEN
VS
SOUTHERN PACIFIC COMPANY (PACIFIC LINES)
(Former Pacific Electric Railway Company)
i
STATEMENT OF CLAIM: Claim of Brakeman Ray Lightfoot for compensation
as provided for in Article I9 Section 2 of conditions as prescribed
by the ICC in Finance Docket 230119 each month during protective
period set forth by the Commission..
' FINDINGS: In the instant case, the employee was an operating employee
both before and after the merger. He was adversely affected when he
lost a position on August 30,
1965,
as a direct result of the SP-PE
merger. He has been accorded protection by the carrier under the
conditions set forth in ICC Finance Docket 230119 commencing
September 19
1965;
to the extent that he is being allowed the dif
ference (if any) between his test period average monthly earnings of
X1,215.459 and his actual earnings each month for the duration of the
protective period prescribed. The "hourly factor" has not been applied
to the protection afforded this employee.
It is this committee's judgment that, in view of the clear
language of Article I9 Sections 2(b) and (c)
of
the conditions set
forth in ICC Finance Docket 23011, that the hourly factor should be
considered in the instant case. As pointed out in our Award No. 1
(Case No.
51-Y),
an operating employee is paid on a mileage basis,
only after his "time basis" has been computed into miles for accounting purposes, for work performed within the protected territory.
Evidence is to the effect that the "road work" assignments
of the former Pacific Electric operating employees, such as in the
instant case, do not involve assignments of over 100 miles. Such
employees are not entitled to mileage above one hundred miles unless,
by some strange quirk of fate, they actually operate in excess of
100 miles during the course of a day's assignment. This situation,
in the territory involved here, is apparently a very rare instance.
The usual method of computing the employee's payment for his job
performance on a particular day is by paying him for a minimum day
(8 hours or less, 100 miles or less). Overtime is computed after
the expiration of eight hours and his total time, for the purposes
of accounting, is translated into "miles." In the territory with
which we are concerned, there is not the abundance of different rates
of pay usually associated with a "standard railroad," such as local
rate, through freight rate, passenger rate, work train rate, road
switcher rate and other miscellaneous rates. In effect, the presently
Award No. 2
constituted "road assignments" of the former Pacific Electric pre
served territory are all road switcher assignments of less than
100 miles. The mileage factor is not the basis for payment for
service performed in connection with such assignments.
The "time factor" should be computed taking into consideration the time paid for as a test period average, along with
work performed in any protected month in excess of the average
monthly time paid for in the test period.
AWARD: The "time factor" shall be applied during the period when
the claimant qualifies for protective benefits as long as his re-
tained position is within the territory preserved for former Pacific
Electric employees and when the mileage factor is not controlling in
the computation of the claimant's compensation. ,
David R. Douglass
Chairman
. H. She erd
Organization Member
San Francisco California
Aril 19
1968
J4~Zzd.~_
H. A. Teal
Carrier Member