Org. File 492-44-11623 Decision No. 5978
Co. File TRN 11623 Case No. 1460




PARTIES TO DISPUTE: United Transportation Union-Conductors and
Trainmen
Southern Pacific Transportation Company
(Western Lines)

STATEMENT OF CLAIM: "Claim of Conductor T. D. Belgard and Brakeman R. M. Mallory, for a basic day for performing two classes of service at Roseville, California on April 27, 1989."

STATEMENT OF FACTS: The basic facts are undisputed. At 4:30 p.m. on April 26, 1989, Conductor T. D. Belgard and Brakeman R. M. Mallory (hereinafter referred to as Claimants) were called on duty in Sparks for Run 148 on Extra 8978 running between Sparks and Roseville. At 1:40 a.m. on April 27, the Claimants arrived in Roseville at which time they yarded their train, detached their engines and took them to the engine receiving track of the roundhouse. On their way to the roundhouse, the Claimants were required to pick up Roseville Locomotive Unit No. 8329 off the main line and bring it in with their engine consist per the request of the roundhouse foreman.

FINDINGS: This Board, upon the whole record and all of the evidence, finds that the Employees and carrier involved in this dispute are respectively Employees and Carrier within the meaning of the Railway Labor Act as amended and that the Board has jurisdiction over the dispute involved herein.

DECISION: This case involves the application of Section 3a(2) of Article VIII of the 1985 UTU National Agreement as support, which reads as follows:







                                      Decision No. 5978

                                      Case No. 1460

                                      Page 2


The critical question in this case is whether the movement of the engine was "in connection" with their own assignment in the sense that it was incidental. The Board is not convinced that the work in question was incidental or done in connection with the Claimant's own assignment. Simply there was no functional relationship between the dead unit and the Claimant's. road assignment.

                          AWARD


                  The claim is sustained.


                            W L,-t f ·l_

                            u

                          Gil Vernon

                          Chairman and Neutral Member


                          S. Barrett

                          Carrier Member


                        -~ ~ ~, n .


                              l_~i ' oD. E; Johnson

                          Employee Member


Dated this W~'~ day of June 1994.