PUBLIC LAW BOARD NO. 3889

Case No. 148
Award No. 148

United Transportation Union

And

Union Pacific Railroad Company

Claims of Conductor J. W. Arnold and crews for various dates and various time slips, for (1) hour each slip, account required to shove without a caboose.

This Board holds to the findings contained in PLB 5866, Award 20 (Criswell); PLB 4567, Award 5 (Vernon); PLB 4069, Award 43 (Marx); PLB 4249, Award 19 (Henle) and PLB 4269, Award 229 (Hays). The October 15, 1982 UTU National Agreement does not preclude the complete attrition of cabooses. Carriers may retire cabooses and are not thereafter obligated to purchase new or replacement cabooses. As such, a crew required to operate without a caboose due to attrition under Section 5 is not due any payment under Section 7 of the 1982 UTU National Agreement (including penalty payments). Moreover, when crewmembers are required to ride an extended shove move and no caboose is available due to attrition, the prohibitions found in Article X, Section 3 and in Arbitration Award 419 are accordingly nullified. Absent a showing of specific local agreement language subsequent to the 1982 UTU National Agreement and Arbitration Award 419 that provide for a penalty or any other form of payment; or otherwise modifies Article X, Section 3 or Arbitration Award 419, payments would not be forthcoming.

Award:

Claims disposed of as outlined above.

Dated this 24th day of April, 2004

John B. Chriswell, Neutral Member

R. P. Guidry, Carrier Member

D. L. Hakey, Organization Member