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- PUBLIC LAW BOARD NO. 5483
PARTIES UNITED TRANSPORTATION UNION )
AWARD NO. 31
TO AND . )
. ) CASE NO. 31
DISPUTE PADUCAH & LOUISVILLE RAILWAY, INC. )
,$,TATEMENT OF CLAIM-
Claim of Various Conductors and Brakemen, Paducah, KY, for one (1)
additional day's pay, at the Local rate of pay, each date, on various dates,
when required to perform work of Road Switcher service within Paducah,
KY, Terminal, while assigned to Local Freight service.
HISTORY OF DISPUTE:
On November 1 and December 9, 1996, March 29, 1997 and July I S and 17, 1997 .
Claimants held assignments in local freight service working into or out of the Paducah,
Kentucky Terminal. On each date Claimants were instructed by the Carrier to perform
yard work at Paducah. Claimants complied with the instructions, arid the claim in this
case followed. .
The Carrier denied the claim. The Organization appealed the denial to the highest
officer of the Carrier designated to handle such disputes. However, the dispute remains
unresolved, and it is before this Board for final and binding determination.
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FINDINGS:
' The Board upon the whole record and all the evidence finds that the employees
and the Carrier are employees and Carrier within the meaning of the Railway Labor Act,.
as amended, 45 U.S.C. §§ 15I, et sea. The Board also finds it has jurisdiction to decide
the dispute in this case. The Board further finds that the parties to the dispute; including
Claimants, were given due notice of the hearing in this case.
By way of background, prior to the Carrier's formation in 1986 its territory was
gait of the Illinois Central Gulf Railroad (ICGj.lrnown as the Kentucky Division. In 1986
that territory was purchased from the ICG and became the Carrier. The Organization and
the Carrier negotiated a schedule agreement covering Conductors and Brakemen the .
pertinent portions of which changed the basis for compensation from mileage and
arbitraries to a daily and hourly rate of pay higher than the basic pay on the ICG. The .
agreement also reflected a change with respect to the performance~of yard service. On
the ICG that service had been performed by yard crews. Under the schedule agreement
between the Carrier and the Organization yard service was to be performed by road '
switcher assignments.
° Prior to June 14, 1996 the Carrier maintained three road switcher assignments at
Paducah. On that date the Carrier abolished one of the three assignments and thereafter
used local freight assignments to perform some general switching duties within the
terminal limits~of Paducah including the servicing of industrial customers. By so doing
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the Carrier was able to utilize twelve hour local freight assignments at straight time pay
rather than one of the remaining eight hour road switcher assignments at overtime pay.
The Organization's theory in support of the claim in this case is that Claimants
performed two classes of service on the claim dates and therefore are entitled to the
additional compensation sought in the claim. Specifically, the Organization argues that
Claimants were assigned to local freight service on the claim dazes but that the work they
were required to perform in the Paducah Terminal constituted yard service. In support of
its position the Organization cites Rules 50 (Rates of Pay) and 15 (Work Week of
Assignments) and Letter No. 3 of the applicable schedule agreement.
At the outset the Carrier argots that the claim in this case as well as the time slips
for the dates involved are impermissibly vague gird imprecise and thus must be dismissed. .
With respect to the merits the Carrier emphasizes that there are no switching limits on
'this property and argues that there are no restrictions in the applicable schedule
agreement dividing work assignments among different crews. Accordingly, urges the
Carrier, the Organization has failed to sustain its burden of proof which requires that the
claim be dismissed. .
After a thorough analysis of the claim in this case and the respective time slips for
the claim dates upon which it is based, we cannot agree with the Carrier that the claim or
the time slips are so vague and imprecise as to require dismissal. The claim specifies the
basis therefor,
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Claimants' performance of ,road switcher service while Claimants
were assigned to local freight service. All time slips for the claim dates except July 17,
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1997 clearly state that the basis therefor is Claimants' performance as .a local freight
assignment of yard switching in violation of Rule 15 of and Letter No. 3 of the applicable
schedule agreement. The time slip for July 17 states that it is for the performance of
switching in the Paducah Yard and describes the yard work allegedly performed. The
time slips for November 1, 1996 and March 29, 1997 also detail the yard. work allegedly
performed. The time slip for July 15, 1997 indicates that there was a report attached
thereto describing the yard work allegedly performed. However, the record does not
contain that report.
Whether a claim is defectively vague or imprecise depends upon the terminology .
of the claim and the supporting data. In this case we believe the terminology of the claim
and the supporting time slips is clear and fairly apprized the Carrier of the nature of the
claim and the alleged basis therefor.
Rule 50 provides different daily and hourly rates of compensation for employees
in local and express freight service on the one hand and road switcher service on the .
other. Moreover, the rule provides that all time worked in road switcher service in excess
of eight hours shall be paid for as overtime. While neither Rule 50 nor any other rule .
cited to this Board provides that local and express freight service is a. twelve hour
assignment beyond which overtime is to be paid, the parties agree that such is the case.
Rule IS(f) provides that "[T]he Carrier shall not abolish or annul road switcher
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assignments and operate or establish local assignments in lieu thereof subject to the
provisions of Letter No. 6 dated July 10, 1986."
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Letter No. 6, now Letter No. 3 to the current applicable schedule agreement,
confirmed the understanding ". . . that the Carrier does intend to utilize road switchers in
lieu of yard engines at Paducah and Louisville:' The letter also provided that three
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specified road switchers would be converted to local service but that beyond those three
". . . the Carrier will not replace road switchers now operating on the ICG or additional
road switchers to be established on the P&L Railway with local assignments."
Thus, while the applicable schedule agreement may not contain specific switching
limits or reserve specific work to any class of service, the agreement clearly distinguishes
between local/express service on the one hand and road switcher service on the other.
Rule 50 provides different daily and hourly rates of pay for both. Rule 50 also effectively
provides that road switcher assignments shall work eight hours. The agreement further
provides that local/express freight assignments work twelve hours. Rule 15(f) clearly
contemplates that the Carrier will not substitute local freight assignments for road
switcher assignments which frorn'the Carrier's inception of its operations have been
utilized to perform yard service. Additionally, the Carrier's Timetable No. 2 effective
January 1, 1996 sets the "Yard Limits" for Paducah Yard between MP 221.0 and MP
226.0:
We believe the record in this case forces the conclusion that what the Carrier did
on the claim dates with respect to the involved local freight assignments was to force
them to perform two classes of service under t7~e applicable schedule agreement. In the
final analysis we must conclude that the Organization has sustained its burden of proof
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with respect to the claim in this case, that the claim has merit and that the compensation
sought by the claim is appropriate.
AWARD
Claim sustained.
The Carrier will make this award effective within thirty days of the date hereof.
' W _ ~
William E. Fredenberger, JrJr.
Chairman and Neutral Member
JC. ' h rd B. RWigent
r ber Employee Member
DATED:
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