PUBLIC LAW BOARD N0. 1021
 2
 Procedural Dispute
Butte, Anaconda &. Pacific Railway Company: and United Transportation Union (E)

 Upon due notice to Carrier, the Organization has requested that a Public Law Board be established to resolve disputes in the eight cases listed on Exhibit A, hereto attached. Carrier has declined to enter. into an agreement to establish that Public Law Hoard on the grounds that (1) Cases 1 and 2 on said list concern issues that have already been adjudicated by prior tribunals on this property, namely, Public Law Boards 73 and 340, while (2) the six remaining cases on the list were not handled properly by the Organization and are barred by applicable time limit rules.





' PL C3 ion!


whether the eight claims in dispute should be sustained, dismissed or denied should not be dealt with by the Procedural Neutral, particularly when, as here, one of the parties objects to his doing so. At any rate, the proper time to consider the merits of the claims or whether or not they must fall due to time limit objections is when they can be explored and dealt with in depth by the Board sitting with a Merits Neutral.

1. The Organization's request for a Public Law Board to hear
        and resolve the eight disputes listed in Exhibit A is

        timely and proper and is hereby sustained.


2. The Organization has the right to designate the cases it
        desires to present to the Public Law Board without Carrier

        concurrence and no additional cases will be added to those

        listed in Exhibit A without the consent of both parties.

        There accordingly is no valid basis for adding to that list

        of cases the additional issues suggested by Carrier, except

        that they may be considered to the extent, if any, that

        they bear directly upon the issues concerned in the eight

        listed cases.


3. The Public Law Board mentioned above in the two immediately
        preceding paragraphs will consist of Leo V. Kelly, the

        Carrier Member, Del C. Deering# the Employee Member, and a

        merits neutral who shall be Chairman of the Board. The

        Board's meetings will be held at Anaconda, Montana unless

        the parties agree otherwise and its powers and procedure

        will be the same as were previously agreed upon by this

        Carrier and Organization in forming Public Law Board No. 73.

        The merits neutral will also be selected in accordance with the

        procedure agreed upon with respect to Public Law Board

        No. 73.

. PLO

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                Harold PI,~Weston; Procedural Neutral


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Leo V. Kelly, Carrier Member Del C. Deering, Employe, tdember

 Dated: October ~~ , 1973
                                                PEG 1091


    N case 1

0aia is m- de for 8 hours gay as llastlar for first out extra man from Scntte=i:er 22, 15;1 thrc·u~h Jcnuary 4, 15'72 acid for all subsequent dates and for sizdJS.ar claya tLat luv= been processed, Protected under Articles X "Calling 't of which no i.-lterprdcat3on h^s been made see PI. Eoard 31,0, Cce 10. and I'!. and VII. Also oral. a.-r! t;ritten L:struCLiens as handed dome PL Board 340 Casa 10 which are not boird followed.

 Case 2
 Claim in made for 8 hours pay on the Xollorring days as Fostlor Felrer for U-.
 follorinng Fir c:.en when written instructio» were is seed to perform certain duties bel:.ng-
 ing to tf:a l:ostlcr Help=r that is, throw all owitches in connection to sove.·zen t and iael
 diesel locaz:etives on preparatory time at Anaconda Pound Houss track. Articles XXI,
 XJ:, VII., XV12 Par. Z. Also findinEs handed do:rn eihen PL Board 73 on Rocker (:.n out%;in
 point) hostcling were sollsd. General lamger's briefs as to engine av=ent on tliio
 board should be noted. PL Board 340 ~ case 10 findir.s should be adhered to.

        G. J. View on the follminG.dstes October 17, 21;, 29, and 31, 1971. h'ove=ber 3s 5, 34, 17 and 21, 1971 December 4, 6, n, 14s and 20, 1971. Janua:7 5, 7? and 10, 1972. _


        5. J. Dira on the folloxixg dates January 14 anal 17, 1972.


        J. J. Valsh on the following dates December 1.9 and 20, 1971.


        D. K. j'arhart on the following dates January 14, 1972.


        V:. c. Ga11agher on the following dates October 10 and 24, 1971. November 6, 14, 1971. Dece:abar 5, 1971. Jsauory 5, 7, 10, 12, I4, 24 and 29, 1972.


        t-l. R. Bennett on the follov..lin ; dates December 25, 1971 and January 17, 1972.


        Also c3air.. is made for these sane Qaipant and others on subsequent dates and/ or similar clr.i,r,.that have been processed or protected.


    Case 3

· l:. B. Callarhc:r, Fire.:an chins E- hours pay as Engineer on Decer_bcr 6, 1971 Then del.=bcrate2y r'a`n around on salaried personnel's directives when call has made to extra board ran first out desirnatin; distinctly who was to be the Em.~ineer reE.urdlec;s of seniority. ih ereb7 using a younger 1_..ineer. Extra board r:as not Engincer extra board. Articles XIV and.X VI, 1'ar. I are to be used hzth interpretations trio from BM- General Chair-man.

    Case 4 S. J. Lira c)z:u=s 8 hours my as Rostler helper on October 20, 1971 when Fir=an -,!as b:structed to perform ce:-t:aili duties belonging to the Hostler hel:-Sr

                                                  PL6 1091

                                                  S


Tt. t:.Dtl~ro:r a72 switches in diractine Engineer to take angina out of Round i:euse and
 .N.t'. on r"--y track. Clc.!s:ed under Articlor YI.I, Par. G and LC, Also General :-naf;er's
 interprota'.iona on all tack shop i:ork wus always done with a Hostler, and Yelps= in
 briefs before PL Board '13 and 340.

    Case 5

        Td. Y. Cal?^,Eher, Fireman claim 1;4 miles deadheading on Vove=ber 23 and

Dece:zber 1, 1971 when called to rro to Fxcker and seniority dictated that he could work
 in Anaconda. Clajr:od u:.der Article VIII . .. ... . . __ ,

    ezse b

        A) L. L. b'cno.ott claims B hours pay as Rostler then instructed to perform

cer`_ain dut::es bolonginj to the fostler at the Anaconda Paan3 Houso track, on Doc-cm-ber
 26s 1971. Claim has been made under time lyatution rule end is pending and sri,17. be
 vithdraun if acted on favorably. Claim is also.nade under Articles VII, lax. H; VI,
 XC and XIV. _.. .. --
        B) J. J. t;alsh claims B hours pay as Postler v=hen not called (n:n around)

to perfo:a hstal: ^LEy sezneicc on .Dcce"cor 20, 1971 wh=n others ware used by inwtrUction
 from shop forc:~zn to perfozm I:o3tler's duties. Claimed under Articles VII and 7::.

 C) P. J. Lvvmtt claims G hours py as P:astlcr Relpur :hen rot called and salaried personnel rerfoi-med F:ostler Helper's duties on December 26,. 1971. Clawed unier Articles 1: and VII, Far. G.

    Case 7

l:) Ss. L. Gallagher,, Firean clams 6-,.'t- hours p;y as Engineer on October 11, 1971 -:con `uF.-,-ri.7tendcnt's Li'terpretation on callln4; ran fro= the extra board vas not adhered. to.
 13) 1!. E. G,alarh~·, Pirer.an claims e? hours and 1 hour end 15 n3ntttes overtira pny on October 15, 1977. st Engineer's rate Then deli?rarate2y run around: ca 10u;c.~ intendcnt's instructic:is i:hc>n he a:ade the call using a sLn from the extra board. Clz?r..=d tinier U. i. U. (E) aGreEzent Articles XIV and INI0 FarrCraph It and 1.

    Case C

b;. L. Callarher, Fireman claims G hours pay as Flr=n on October 13, 1972 (°ir'ahday ia? ,d;:;:) as a :er-ular roan trhen local agreement on liolday Fzy %ras rot used, this suaerceded Natiora1 AErenuent which namgcment used to decline case,

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