PARTIES TO THE DISPUTE :

 UNION PACIFIC RAILROAD COMPAVF
 Western Region
 -and
 BROTHERHOOD OF LOCO-_,\VIOTI-,,t ENGi1-EE ?S

STATE~4ENT OF CLA.Pyf : Claim of En2~zeer F. C. Tafoya and Fireman K. D. Gustafson for one basic day account required to go off their seniority district on February 9. 1995.


OPINION OF BOARD : On February 9, 1996 Engineer F. C. Tafoya and Fireman K. D. Gustafson (Claimants) were working pool freig t se^: ice between Portland, Oregon and Seattle, Washington (home terminal). On this particular date. Clair.-.ants were called on duty for the HKSE-09 operating from Albina, OR to Seattle, WA. When Claimants arrived at the Terminal Building, at the instruction of the Portland (Albina) Terminal Officers, they were transported to and took charge of their outbound train at Sandy, OR . Claim was submitted for payment of a basic day alleging claimants had been required to go o_: their seniority district when transported from Albina to Sandy, OR, as follows:



The claim is premised upon Rule 23 ctFthe Agreement between the Union Pacific Railroad Company and the Brotherhood of Loco-eti: a Engineers for the Northwesten District, reading as fellows:

"Rule 33

Used Off Seniorltv District


onto another senionty dis.:ict, ; e~ ~:'ll be allowed a trinimum of 100 miles therefor
 at the rate and under the rules _=c·,.e_-_ = the class of sendce performed on the extra
 trip, but such miles or hours v: _l -C7 ':)- used in computing time on the assi=ent."
 The claim was denied bV Cart_e= S = :el:e~-pmg Dep?Iunent and ~ub~enti,`,l ~p~2.=.lei. .~. V
 BLE Vice Local Chair: an Russell W . 3 e-_ e:t on July ?5, 1995, stating, in pan: "The sc: itching
 limits at Sandy only apply to cre·x s ofe Second Seniority Disfiet. The parties extended those
 limits so a Second District yard cre·x could spot Reynolds Aluminum Plant at Troutdale. The
 Agreement did not extend the First Se--c:;` District limits." Car :en's Manager Labor Relations
 responded to the appeal on September 11, 199_ and demad same on the basis that the switchg
 limits extension referenced in Vice Local C=:a-tan Bennett's appeal applied to all employees; not
 just Second Seniority employees work:ra V2,rd assignments.

The "Switching Limit Agrement" of -august 7, 1987, upon which Carrier relies in denying these claims, reads as follows (Ernphasa added):




In order to provide better service to customers and perform switching tasks more efficiently
 in the A lbina Terminal, the switching li. -is at a-ibina will be changed as follows:



















That Switching Agreement (L-_ _=-1-1) was negotiated at Carrier's request, pursuant to
 notice under Article Ii, Section (a) of:'- = 3L E National Agreement of May 13, 1971, which reads:


Throughout handling on tie ~=c~=-.: and before this Board, the former BLE General Chairman, who negotiated and signed L? 51 =-1-1 on behalf of the Organization, asserted, without contradiction from Carrier, that the =: o:v ed purpose of the negotiators of LR-512-1-1 was to "accommodate the Carrier's need to '=~'__ :,.:-: ice the Reynolds Alurninum Plant which was just outside the previous switching lr_^_._._. _=':_r=~ the switching limits allowed the yarrd cr°_vvs to 17r'Jv:d.°.710r°'.L^-1;'S2.^,~_ra~i2.__=_:____:_".S'S'·.1-h1C1=e'yitedthe~:aa_.~.^.dit_^.2'_~i.~__ -1.1S


area, also, it accommodated the shipper..." In the face of the emphasized language of LR-513-1-1, supra, and the unrefuted e~,~dence of specific bargaining history and intent, we are loathe to read into that Agreement a general extension of = i.°st Dis"ct road crew seniority limits so as to pe:-nit Carner to avoid the consequences of Rule 23 fcr -e quinng Claimants to take charge of their Albina Yard train at Sandy.




      2) Carrier shall implement this Award c,=thin thirty (30) days of its execution by a majority of the Board.


                  Dana Edward Eischen, Chairman Dated at S1Lrce-. New York on March 11. 1098


Union Member Company Member