MGT. N0. x.(93-771)
PUBLIC LAW BOARD NO. 5907
Case
No. 4
Award No. 4
United Transportation Union ) PARTIES
TO
CSX Transportation, Inc. ) DISPUTE
STATEMENT OF CLAIM
Claim of Conductor L.R. Bartlett (010202) and Brakeman A_E.
Boor (517491)·for one penalty day in addition to their earnings
on December 5, 1992 account of performing yard service within
Cumberland Terminal.
FINDINGS
This Board finds the parties herein are Carrier and Employee
within the meaning of the Railway Labor Act, as amended, and that
this -Board has jurisdiction over the dispute involved herein. The
parties to said dispute were given due and proper notice of
hearing thereon.
Claimants worked in pool services between Baltimore and
Cumberland, Maryland. On the claim date Claimants arrived at
Cumberland, their final terminal, and yarded their train on Track
No. 2. After yarding its train, the crew was instructed to take
its three engines to the East Bound Engine Lead, and pick up two
more engines. After. picking up the engines, the crew was required
to place all five engines on the Shop Service Track. At the time
the work was performed five yard engines'were on duty.
The Organization argues that the work of picking up the
additional engines and placing them on- the shop tracks is a
violation of the Schedule Agreement, and that the October 31,
1985 National Agreement as amended by PE8 219 does not permit
such work to be performed without additional compensation.
The Carrier argues the opposite. It avers such work is
permissible under the terms and conditions of the National
Agreement. It also argues that there is no basis for the penalty
day as claimed. It takes the position that the work performed was
an engine exchange and additional payment for such work has bean
eliminated.
The Carrier has the right to require road crews to place
their engines on shop tracks after the conclusion of the road
trip. However, when the Claimants were required to pick up
additional locomotives and move them along with their consist,
they were hostling engines that were not part of their assignment. As such, the Agreement was violated. This decision is
consistent with Award No. 5978 of Special Adjustment Board No.
18, Award No. 44 of Public Law Board No. 4069, and Award No. 34
of Public Law Board No. 4975.
As
to the argument that the penalty claim is not justified,
this Board finds the position taken by the Carrier and the awards
cited do not fit this case.
AWARD
Claim sustained. Carrier will comply with this Award within
30 days from its date.
R.`G. ichter, Chairman
~~
lD.sss~-~rT~c.~a~ . _.y
.
H. S.~>rmerick, Carrier Member J.T. ed, E)nIloyee Member
Dated OCj~ ~d~
iy~Q ( ~7
CARRIER MEMBER DISSENT TO AWARD NO. 4
PUBLIC LAW BOARD NO. 5907
We fail to understand how this or any other Board, for that matter,
could reach any conclusion other than denying the claims for penalty or arbitrary
payment to road crews for changing engines (picking up engines) during their tour of
duty. There was no mention in that rule of "in connection with their own
assist" The record further shoaled that prior to October 31,1985, the former
B&O had a rule for and a history of paying an arbitrary for the work performed in
this case - increasing power. The record also showed that the arbitrary for this
specific work was eliminated under the provisions Article TV, Section 4 of the
October 31, 1985 National Agreement. Pertinent provisions read as follows:
"(a) Effective November 1, 1985, all arbitrary allowances
provided to employees for exchanging engines,
including adding and subtracting units, preparing
one or more units for tow-are reduced..."
"(c) Effective July 1,1987, alt arbitrary allowances provide
to employees for performing work described is
paragraph
94)
are eliminated"
'Ihe Board's reliance
on
the terns "in connection with" in this cast is improper
and contrary to the intent of the Agreement language. Clearly the negotiations of the
1985 National agreement intended to relax restrictions and simplify pay procedures by
continuing the work and eliminating any special payments for that work, a negotiated
exchange for as attractive pay and benefits package.
This award, if followed, would obliterate a right the cagier had for decades and
for which an arbitrary was paid (prior to July 1987). This worn would now become a
violation of the agreement for which a penalty day (or more) may be exacted. This is
clearly contrary to the latent of the 1985 National Agreement arid others that have
increased wages and benefits whsle relaxing work
For these reasons, this award cannot be considered as having precedent value
as it not only would improperly restrict this carrier's operations, bur would result in an
uawasranted step backwards.
Ff. S. Esnersck
Carrier Member