In the Matter of Arbitration between:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
DIVISION - IBT RAIL CONFERENCE
and
N'ORTHEAST ILLJNOJS REGIONAL COMMUTER RAILROAD CORPORATION
In the Matter of Arbitration between:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
DIVISION - IBT RAIL CONFERENCE
and
N'ORTHEAST ILLJNOJS REGIONAL COMMUTER RAILROAD CORPORATION
PUBLIC LAW BOARD 5564
Case No,57
Award No.57
THE ORGANIZATION'S STATEMENT OF THE Cl..AIM
This Decision resolves the Organization's claim as follows:
The Carrier viotated the Agreementwhen it assigned members of the 471t1 Street Gang, instead of the Claimants, to perfQrm overtime service on the Southwest Service District on July 5, 2012 <Sntem File A120831/08-,20645 NRC)
As a consequence of the violation referred to in Part 1 above, Claimants D. Unstrot, G. Ponce and R. Knor shall each be compensated for four (4) hours at their respective overtime rates of pay.
STATEMENT OF THE CASE
Based onthe record developed bythe Organization and the Carrier, this Public La.w Board (Board} finds the Parties herein tobe a Carrier and Employees within themeaning of the Railway Labor Act, as amended, andthat thisBoard hasjurisdiction over the Parties
and the dispute.
This disputelsbetween theBrotherhood ofMaintenance ofWay Employes Division
- IBT Rail Conference (BMWE or Organization) and the Northeast IHinois Regional Cornmuter Railroad Corporation (Metra or Carrier) (collectively the Parties), The dispute arises out of BMWE's claim that on July 5, 2012., Metra violated the Parties1 Agreement Appendix O and the March .28, 2006 Memorandum of Understanding {MOU) when assigning work on the Palos Park Station {Palos Park). Southwest Service District (SWS}.
PLB5564
Case No. 57
Award Ne. 51
BMWE asserts that the Carrier improperly assigned the 47\h Street Maintenance Bridge and Buildings gang (47thStreet B&B Gang). Rock Island District, to assist the SWS Bridge and Buildings Crew (SWS B&B Crew), SWS Distrci t:1 to: remove and replace crosswalks for track work at Pafos Park.
The Parties' on property handling o.f the claim didnot fully develop the facts and.
consequently, the record is arguably elliptical.
However,. the Board was able to discern the following material, ijndisputed and
unrebutteq fl/icts:
On July 5, 2012, the SWS B&B Crew assigned to the Palos Park crosswalk and track work required assistance. The Carrier dispatched the 47th Street B&B Gang to assist the SWS B&B Crew. The work took 12 hours apparently resulting in 8 hours straight time and 4 hours overtime ca:mpensation for the assigned SWS B&.B Crew and the assisting
4 Street B&B Gang. At the time, the Claimants Linstrot. Ponce and Knor, members of
the Blue Island Gang No.1, Rock Island District, were working on the Blue lsland turntable which was a long-tC:irm, demanding and protracted rebuilding project.
However, Carrier records establish that an July 5, 2012, Claimant Ponce was on vacation leave. For this reason alo.ne, the Board finds that his cfaim is without merit and is denied.
On August 31, 2012, BMWE's presented the claim asserting that Metra violated Agreement Appendix 0, Sectio.n 5, and the.March 28, 2006 MOU by assigning the 4711t Street Gang instead of the Claimants' B1'18 Island Gang No. 1 to assist the SWS B&B Crew. Tne Claimants maintained that thework was exclusively reserved tothe Rock Island B&B Gang No.1 by the Agreement and the MOU. As remedy, BMWE requested that the Claimants be compensated 4 hours each at the overtime rate.
On October 26, 2012, the Carrier denied the claim responding thatthe work toassist the SWS B&B Crew was assigned to the 471t1 Street Gang because the Rock Island B&B Gang No. 1 was working on the long terrn Blue Island turntable rebuild. The Carrier provided evidence that Ponce was on vacation pay thatday, and so, the Carrier argued,
PLB55.64
Case No. 57
Award No. 57
he should be excluded from the claim. The Carrier argued Appendix o. Section 5 allows leeway for it to make work assignments quickly so as to resume safe and efficient op$ratio0$ andthat Appendix 0, Section 8 allows for work to beperformed on eitherdistrict without penalty.
On December 7, 2012, BMWE appealed Metra's claim denial reiterating that the work belonged to the Claimants.
On January15, 2012, Metra den.ied BMWE's appeal. Metra argued that Appendix O concerns the allocation of overtime anddoes not controlthe work assignments in this dispute wnich was performed duringbotbgangs' assigned hours. The Carrier also argl.led that theMarch28, 2006 MOU describesanexception in the event of emergency whichthe Carrier maintained existed as regards the Palos Park work.
On Aug1.,1st 16, 2013, the claim was conferenced without resolution. Thereafter the dispute was dockete<.i with this Board for adjudication.
The applicable provisions of the Ag.reement, Appendix 0, and the March 28, 2006
MOU state:
APPENDIXO
OVERTIME
AGREEMENT between the Northeast Illinois Regional Commuter Railroad Corporation and the Brotherhood of Maintenance of Way Ernployes
IT IS AGREED:
In the application ofRule1r.CallRule andRufe 18. Overtime ofthe April16, 1984 General Rules Agreement, as amended, the following procedures will govern the. assignment of overtime, whether planned or emergency;
* *
Sectioo 6. Rock Island - B&B: This district is broken downinto threeareas: LaSa.lJe Street te M.P. 0.4 is normally assigned to the LaSalle Street Crew;
M.P. OAtoJotietis normally assigned to Bfuelsland Gang No. 1; andC.W.1.
PLB5564
Case No. 57
Award No. 57
and the Heritage Corridor are normally assigned to Btue Island Gang No. 2. These gangs handle all B&B work on the district, including planned and emergency overtime. Any such overtime, either planned or emergency, is offered to the gang normally assigned tothat area. Seniority within indivldual gangs is always honored.
Any overtime help for LaSalle Street Gang would first go to
Sipe, lsl,:md Gang 1 nd then to Blue Island Gang 2.
Any overtime helpfor Blue Island. Gang 1 would firstgo to Blue Island Gang 2 and then to LaSalle Street Gang.
Any overtime help for Blue Island Gang 2 would first go to Blue Island Gang 1 and then to LaSalle Street Gang.
* * *
$,,;tiop 8. Southwest Service - B&B: One gang handles all work, including an overtime, on this district. If additional assistance is needed, Blue Island Gangs 1 & 2 wmbe called in seniority order. ff additional employees are still
required, other Rock Island B&B employees willbecalled inseniority order.
* * * The Marcb 28, 2006 MOU:
!his is in regard to the application of the General Agreement between the Northeast 1.Uinois Regional Commuter Railroad Corporation and the Brotherhood of Maintenance ofWay Employe&, particularly in regard to the assignment of district gangs. It is understood that such gangs will be established for the purpose ofperforming work onaparticular district and will be assigned to perform work only Within that district, except in the event of an emergency. The delineation of districts as set forth in Appendix "O" Will govern in the application ofthis letter of understanding. In other words. the system wut be divided into four districts: Rock Island, Metra Electric, Milwaukee, and Southwest Service.
PLB 5564
C seNo. 57
Awan:f NQ. 51
In other than emergency situations, arrangements may be made for temporary cross.,di$lrict assignment of gangs by agreement between the parties,
*
The facts established in the on property handling are that theCarrier assigned the 4"71h Street B&BGang, ona regularassignmentwithstraighttime compensation andduring the Gang's regt,1lar work hours, to assist the SWS B&.B Crew to remove and ta replace crosswalks for track work at Palos. Park, SWS District The Blue I.stand Gang No. 1 was not assigned to assist because it was working on the Blue Island. turntable. The July 5, 2012 overtime work at Palos Park wa"time worked contin1.10:us with the Gang's regular 8
hour tour. Therefore, the Gang's assignmentwas a continuation of a workassignment and not an overtime work assignmentwlthin the meaning ofAppendix 0,Section 5. For this reason? the Board finds that the facts do n:ot support a finding of a violation of the Agreement,
Moreover. BMWE 's claim does not describe facts supporting a violation of the March 28, 2006. MOU. This is because the, clear intent of the March 28, 2006 MOU concerns the appHcation of the Agreement to the assignment of district gangs for the purpose of performing work only within the gang's district, except in the event of an emergency. The 47fhstreet B&B Gang,.Rock IslandDistrict, was working a cro$i.;d strict assignment on the SWS District The MOU constrains Metra's assignment power of .a particular district. gang to work assignments only within the gang's district, except in an emergency or with BMWE's agreement for cross-district assignments. Since the 47111 Street B&B Gang was working cross-districtand not on the Rock rsland Distrrct, then the Blue Island Gang No.1's allaged right tQ the claimed WQrk based on the MOU was not affected. Tne Board finds thatthe facts do not support a finding ofa violatron of the March 28, 2006 MOU.
The Board finds that BMWE has not proven the essential elements of a violation of the Agreement or the March 28, 2Q06 MOU. For this reason. there is noneed to address the Carrier's defenses regarding the emergency exception or splitting claims.
PLB5564.
Case No. 57
For thereasonadisoussedabove, theBoard findsthat Claimants Linstr'ot and Knors clairrui are denied. Claimant Ponce's claimis denied asbeing without merit because lie was on vacation pay on July 5, 2012.
BMWE's claim isdenied.
For the Organization:
Neutral Member: Sean J7og;;:;i:
Sean J. Roger& & Associates, LLG
Leonardtown, Maryland· December 21, 2016