PUBLIC LAW BOARD NO. 6531
PARTIES TO DISPUTE;
Case No. 2
(EASTERN DISTRICT) Award No. 2
VS UNION PACIFIC RAILROAD CO.
STATEMENT OF CLAIM:
Claim of Denver Conductor K. B. Decker for an additional 35 miles and 45 minutes overtime between Bond and Phippsburg, Colorado, on November 21, 2001.
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.
OPINION OF THE BOARD;
To understand the dispute, a history and geography lesson is necessary. After acquisition of the Denver and Salt Lake Railroad by the Denver and Rio Grande Western Railroad in 1947, separate pools were operated to protect freight service between Denver and Bond, Grand Junction and Bond, and Denver and Phippsburg, all cities or towns in Colorado. Phippsburg is located on the Craig Branch, which joins the Denver-Grand Junction line at Bond and continues on to Phippsburg on concurrent tracks.
Following implementation of the 1964 National Agreement providing lodging at the away-from-home terminal, crews operating the Denver-Bond and Grand Junction-Bond service went off duty and got their rest required under the Hours of Service Act in a Carrier-owned and operated lodging facility located in Bond, and the Denver-Phippsburg crews stayed at a Carrier-owned and operated facility at Phippsburg.
In 1973 an interdivisional agreement covering the Denver-Bond-Grand Junction territories was made between the parties. Beginning on March 1, 1987, interdivisional pool freight service was implemented between Denver and Grand Junction, with home terminals on both ends of the run, to protect through freight operations between those points. The existing Denver-Phippsburg freight pool continued to protect service between Denver and Phippsburg.
Following the consolidation of the Southern Pacific Railroad with the Union Pacific Railroad, as approved by Surface Transportation Board Finance Docket 32760, and upon implementation of the Denver Hub Yost Award governing combined operations in the Denver Hub, operations in the interdivisional through freight pool between Denver and Grand Junction were discontinued and both Denver-Phippsburg and Denver-Bond trains protected by the existing Denver-Phippsburg freight pool.
As noted in Case No. 1, Award No. 1 of this Board subsequent to UTU/BLE Denver Hub Award/Agreement concerning the UP/SP merger, the Carrier reviewed its operational options.
Later a new lodging facility at Yampa, Colorado, was constructed by a private company to provide accommodations under contract with the Carrier for crews operating in the Denver-Phippsburg and the Grand Junction-Bond freight pools. This facility is located 6 miles south of Phippsburg and 26 miles north of Bond. Upon completion of this new lodging facility on October 1, 2001, crews in the Denver-Phippsburg freight pool operating trains from Denver to Phippsburg continued to be compensated for the mileage of the entire trip between the points of the run. However, beginning at that time, crews in the Denver-Phippsburg pool operating trains from Denver to Bond were required to go off duty upon relief at the Bond crew change point and were then transported to the new lodging facility at Yampa for rest. No further compensation is received by these crews for the balance of the trip after tie-up at Bond. When crews work between Denver and Bond they are allowed a minimum basic day of 130 miles (actual miles are 126). Pool crews who work between Denver and Phippsburg are allowed 165 actual miles.
Specifically, the Claimant on the claim date was assigned as a Conductor in the combined multiple away-from-home terminal Denver - Bond/Phippsburg RC03 pool. He was called on November 21, 2001 at his home terminal, Denver North yard, for an on-duty time of 1:30 p.m. to work the MDVRO to his final terminal Bond, Colorado where he was relived from duty and tied up at 11:40 p.m. The MDVRO train continues onto Grand Junction from Bond with another crew. Conductor Decker's actual on-duty, working time, from Denver to Bond was 10'10". After Claimant tied up at Bond he was transported to Yampa, Colorado by Company-provided transportation to the lodging facility. From Bond to Yampa it is 26 highway miles. Claimant was compensated a basic day (130 miles) from Denver to Bond ($139.97) and two (2) hours and ten (10) minutes overtime ($56.86), plus $1.50 meal en route. The actual miles between Denver North Yard and Bond are 126 miles.
Similarly to Case No. 1 Award No. 1 of this board, (which involved the same Claimant), compensation is requested beyond Bond, albeit on a different theory.
It is the conclusion of the Board that there is no support in the agreement for the claimed compensation. Section (B) of Article IV, Denver Hub Award/Agreement is dispositive as it states:
B. The terms and conditions of the pool operations set forth in Section A shall be the same for all pool freight runs whether run as combined pools or separate pools...
The basic Interdivisional Service conditions shall apply to all pool freight service. Each pool shall be paid the actual miles run for service and combination service/deadhead with a minimum of a basic day. (Bold and underlining added for emphasis)
The claim is denied.
Gil Vernon, Neutral Member
Dean Hazlett (Dissenting)
Union Member Company Member
Dated this 16th day of September, 2004.