AWARD OF ARBITRATION BOARD 517

In the event the Carrier establishes interdivisional service between North Platte, Nebraska and South Morrill/Northport, Nebraska, the terms and conditions set forth below shall apply to such service:

1. Home Terminal - North Platte, Nebraska, shall be the Home Terminal for employees working in Interdivisional Service created by the Carrier's proposal.

(The Board notes that the Organization has protested strongly the establishment of a single home terminal for this proposed operation. However, considering the fluxuation in equalization of mileage which will be created by the operation, as well as the organizations arguments concerning possible temporary nature of the proposed operation, we find the method of equalization set down in Item 13 of this Award adequately and fairly resolves this matter without the need to rule regarding the propriety of moving or establishing home terminals.)

2. On and Off Duty Points - Northport shall be the off-duty point for crews working North Platte - Northport and South Morrill shall be the off-duty point for crews working North Platte - South Morrill via Gering or Egbert. Northport shall be the on-duty point for crews working Northport - North Platte and South Morrill shall be the on-duty point for crews working South Morrill - North Platte via Gering or Egbert.

NOTE: Employees working North Platte - Northport may be transported to either North Platte or the South Morrill lodging facility at the completion of the service trip to Northport. Employees working Northport - North Platte may be transported to Northport from either North Platte or the South Morrill lodging facility prior to starting the service trip from Northport.

(Our primary rationale for this aspect of the Award may be found in a long line of grievance arbitration precedent addressing payments for transportation to and from lodging facilities distanced from the away-from-home on and off duty points, typified by NRAB Award 1-22879 by referee David Dolnick).

3. Miles of Run - Crews working in this interdivisional Service will be allowed the following miles:

Between North Platte and Northport - 122 miles
Between North Platte and South Morrill via Gering - 166 miles
Between North Platte and South Morrill via Egbert - 268 miles

NOTE 1: Mile Pole 162.1 at South Morrill will function as the arrival and departure point at that location for trains operating from/toward the direction of Egbert.

NOTE 2: Mile Pole 157.0 at South Morrill will function as the arrival and departure point at that location for trains operating from/toward the direction of Gering.

NOTE 3: Mile Pole 112.5 at Northport will function as the arrival and departure point at that location.

4. Rate of Pay - The provisions of the May 19, 1986 Arbitration Award No. 458 and as amended by future National Agreements shall apply.

5. Overtime - (a) Engineers on the roster on the date of this Award will be allowed overtime on the route via Egbert after 12 hours on duty and on the route via the North Platte Branch after 10 hours on duty unless the National Agreement provides for a more favorable overtime.

(It should be evident that the above is a compromise between the positions taken by each party. Although the threshold issue was resolved in favor of Carrier, the Organization made a colorable showing that the change may be temporary in nature. If, argruendo. such were the case, Carrier will have acquired the "more favorable conditions" of Article IX of the Award of Arbitration Board No. 458 should the operation return fully to the direct North Platte to South Morrill route. The Board remained cognizant of this contingency in Grafting reasonable and practicle (sic) terms and conditions regarding overtime which deviate somewhat from those set forth in the National Agreement. Changes in the basic day at the National level have also had an impact on the overtime divisor which will change yearly.

Both parties presented compelling arguments in support of their positions and the Board obviously found merit in aspects of each presentation on this volatile issue. In fashioning an Interdivisional Agreement as a Board of Interest Arbitrators, we have the power to impose a compromise solution which is at once reasonable, practical and equitable. Due to the unique facts of this case, the terms of this section are a fair and equitable compromise method of determining overtime, but without precedent to other Interdivisional Service proposals.)

(b) Engineers establishing seniority dates on the applicable rosters after the date of this Award will be allowed overtime on any route in accordance with the overtime divisor established by the then current National Agreement.

6. Transportation - When a crew is required to report for duty or is relieved from duty at a point other than the on and off duty points fixed for the service established hereunder, the Carrier shall authorize and provide suitable transportation for the crew.

NOTE: Suitable transportation includes Carrier owned or provided passenger carrying motor vehicles or taxi, but excludes other forms of public transportation.

(In these sections the Board has adopted without modification the language appearing in Article IX Section 2 of the May 19, 1986 National Award.)

7. Meal Allowance and Eating Enroute - (a) On runs established hereunder crews will be allowed a $4.15 meal allowance after 4 hours at the away from home terminal and another $4.15 allowance after being held an additional 8 hours.

(In these sections the Board has adopted without modification the language appearing in Article IX Section 2 of the May 19, 1986 National Award.)

(b) In order to expedite the movement of interdivisional runs, crews on runs of miles equal to or less than the number encompassed in the basic day will not stop to eat except in cases of emergency or unusual delays. For crews on longer runs, the Carrier shall determine the conditions under which such crews may stop to eat. When crews on such runs are not permitted to stop and eat, crew members shall be paid an allowance of $1.50 for the trip.11

8. Suitable Lodging - Suitable lodging will be provided by the Carrier in accordance with Section 1 of Article II of the June 25, 1964 National Agreement.

9. Employee Protection - Article IX, Section 7 of the May 19, 1986 National Arbitration Award provides for protective benefits for employees adversely affected as a result of the application of this new I.D. Service. In light of the unique service being instituted, the Board directs the partisan members to develop basic implementing conditions for the guidance of those who may be adversely affected.

This Board shall retain jurisdiction of this Section, and, if an implementing agreement for Section 7 of Article IX of the May 19, 1986 National Arbitration Award is not reached within 30 days, the matter will be decided by the Board.

10. Pick ups and Set Puts Enroute - Crews working in this Interdivisional Service may be required to make pick-ups and set-outs during their tour of duty. They shall be governed by the provisions of Article VIII Section 1 of the May 19, 1986 National Arbitration Award if yard crews are on duty at points where such movements are made.

11. Extra Boards - (a) A guaranteed extra board shall be established at South Morrill, Nebraska. The extra board shall be governed by the October 25, 1985 Guaranteed Extra Board Agreement entered into by the parties, to cover Fourth District engineers.

(b) Extra work in unassigned short turnaround service, irregular branch line service, turnaround service, unassigned branch line service, short straightaway service, relief service, and other unclassified services shall be manned by the South Morrill extra board as follows:

1. Between South Morrill and Sidney on the west side of South Morrill; and

2. Between South Morrill and M.P. 112.5 at Northport on the east side of South Morrill.

3. Work train service between M.P. 0 and M.P. 145.9 on the North Platte Branch that is operated by extra board employees will be manned by the North Platte extra board.

(c) Should the South Morrill Extra Board be exhausted, the Cheyenne Extra Board shall be used as the first source of supply prior to using pool freight crews at the away-from-home terminal of South Morrill.

(d) Nothing in this Section prevents the use of pool freight crews from being deadheaded to a train and taking it on to the far terminal.

12. Apportionment of Work - Fourth District employees will be entitled to the number of miles (155) run between Sidney and South Morrill via Egbert as set forth in Section 13 below.

13. Equalization of Work - Due to the unique set of facts in this case which provides for two routes to be used and a constantly varying number of miles per month run over the Fourth District, Equalization shall be handled as follows:

(a) Assignments at North Platte shall be available only to Third District employees.

(b) Assignments on the Extra Board at South Morrill shall be available only to Fourth District Employees.

(1) The Carrier shall provide to the Local Chairmen by the tenth of each month the number of trains run via Egbert the previous calendar month. At the end of every three calendar months the miles shall be calculated for equalization using the number of train miles run between Sidney and South Morrill. These miles shall first be offset against any South Morrill extra board miles paid for in the same time period.

(2) The mileage due the Fourth District shall be equalized using the Cheyenne-North Platte Interdivisional Pool. The Fourth District Local Chairman and the Carrier shall determine whether the equalization shall be accomplished through the use of the existing Extra Board or through an addition to the pool. This should be based on the number of miles owed.

Example (1) : During the 90-day time period, 10,800 train miles were run between Sidney and South Morrill. The extra board at South Morrill was paid 10,800 miles resulting in no miles being owed the Fourth District.

Example (2) : During the 90-day time period, 14,000 train miles were run between Sidney and South Morrill. The extra board at South Morrill was paid 10,800 miles resulting in 3,200 miles owed the Fourth District . This would equate to 7 . 0 round trips in the North Platte - Cheyenne Interdivisional Pool. (7.3 round trips rounded off to the nearest full round trip.)

(3) If the number of miles is less than the number of miles paid to the South Morrill Extra Board, no equalization shall be due the Third District.

(Due to the potential for a Fourth District employee moving to North Platte and then being unable to hold at that location due to mileage equalization it is decided that the above method, though unique, is a fair and equitable manner of equalization without the need to relocate employees to a new home terminal, thus disposing of that disputed issue. The use of the North Platte -Cheyenne pool is warranted because that pool currently handles trains to Egbert that are destined for South Morrill.)

14. Mileage Regulation - (a) The pool shall be regulated based on 11 starts per month out of the home terminal. Adjustments shall be made semi-monthly. As in mileage regulations this provision does not create a guarantee of 11 starts, per turn per month and does not create a basis for time claims but will be used by the parties in the regulation of the number of turns in the pool.

(The Board recognizes that this is a unique method of pool regulation but finds that the special situation presented warrants a unique solution. This pool has three different mileage factors, with the further complication that the May 19, 1986 National Arbitration Award provides for differing pay provisions involving deadheads and arbitraries. Due to the wide range of mileage potential, the Board believes that starts per month offers a more equitable method.)

(b) The Board will retain jurisdiction for up to (15) months from the implementation date of this Award for possible review based upon experience under this mileage regulation formula. This is not meant to be an open-ended review and will be available only for a three-month period following the first anniversary of the implementation date of this Award. Thus, after one year from the date of the implementation of this Award, either party may request such a review of this provision. Failure to request a review within the three-month period following the anniversary date will result in this Section becoming permanent.)

15. Miscellaneous Provisions - (a) As there are other issues not addressed by either party in writing, the Basic Interdivisional Service Agreement dated December 16, 1971 will apply if not in conflict with the terms and conditions set forth in this Award.

(b) Because of the unique conditions inherent in this case, the Board views this Award as applicable only to the December 12, 1990, proposed service.

Dana Edward Eischen, Chairman
Dated at Ithaca, New York on April 12, 1991