SPECIAL BQAFJ OF ADJUSTPIEN-T 'NO. 894
Case No. 1572 . Award
No.
1572
PARTIES Brotherhood of Locomotive Engineers
to - and -
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM:
Claim of Engineer G. A. Gressley for as eight hour
day January 8, 1988 on account of irregular service
at the final terminal Buffalo, NY. Claimant yarded
his train on #2 Main at the Stock Yard in Buffalo
Consolidated Terninal then was required to set over
2 cars to #2 van Site of the Stock Lard.
FINDINGS: The work at issue in this claim occurred when the Claimant
arrived at his final terminal to dispose his train. Specifically, he
arrived at the terminal at al~cut 7:40 p.m. He the.^, set out 35 cars
of his train on Main Line 82 and yarded the remaining two (2) cars
on Trailvan Terminal Tack
No,
2, cut away from the train and was
relieved.
The Board acrecs wit:; the
Organization
in this .matter. In essence,
we find that the Claimant yarded his train o.^. Main Line JZ and then
was directed to sat off two (2j cars or, another track at the sa.-ne
location. We note and give weight in this matter to this Board's
Award No. 933. That Aw=ard addressed the same key issue as that which
is in contention in this clam.
AWARD
The c im is sustained.
r
J. F s Eckeh Muessl . J. A. C~.~ Cassidy yarr Neutral MembeEmployee M,
Dated:
'I~2~1
SYSTEM
BOARD OF ADTUSTMENT NO. 894
AWARD NO. 1572
CARRIER MEMBER'S DISSENT
The Board has erred in its decision in this matter. Article F-s-1(a)(4) of the Collective
Bargaining Agreement, as amended by the Award of Arbitration Board No. 458, Permits
Engineers to make up to two
straight
set-outs at other locations in addition to yarding the
train. 117;at the Claimant did in this case, i.e., made one straight set-out on No. 2 Main
and yarded his train at mother location, Ttailvan Terminal Track No. 2 clearly was within
the t:.:r-a
ef
~~ ~clc F-s-1(x)!4), as amended. The aroprlay of identif;-ing a'.vIzin Line
track is a separate location was addressed in .Award 1310 ofteis Board in a nearly
identical case. Award No. q3: of this Board cited by the Board also distinguished the
Main Line trace; as a separate location, distinct from and independent of yard tracks
uitr;, Lhc
same :crminal, albeit adjacem to the Main Line track. In any event. Award No.
9jj
of
this Board C2.n.T.lOt be d1SpOS:iit'2 4f flee issue here because the Award of
:~Tf1S3:1Cn Beard No. 45E has irtewened and changed the key term "yard" to
"location(s)." In addition. System Boar.' of AdjustmeatNo. 910. in Awards No. 322 and
Ne. 344 on this property, censidercd the identical IaZgaage and reached the same
conclusion as the Carrier regarding separate "locations."
Therefore, respectfully, l dissent.
J. F. Glass - Camer Member