PUBLIC LAW BOARD 5680
PARTIES TO DISPUTE:
United Transportation Union
(C, E &
AWARD NO: 2
-and- CASE NO: 2
Union Pacific Railroad Company
STATEMENT 0F CLAIM:
Claim of Conductor H F Walker and Brake-man M P Kelly for an additional 300 miles under the provisions of Schedule Rule 67 after being called for an extra combination switch and road service assignment on March 6, 1994.
This Public Law Board 5680 finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.
On March 6, 1994, the Claimants, Conductor H.F. Walker and Brakeman M.P. Kelly, were assigned to extra boards at Green River, Wyoming. They were called for a 1:30 PM report on the EGRGN-06; and were informed by the Carrier's Crew Management System (CMS) that they were being called as an extra 50-Mile Zone Local under the provisions of Road Schedule Rule 58. During their tour of duty, the Claimants made a trip from Green River to Rock Springs, returning to Green River. They were then required to depart Green River a second time to the Stauffer spur and returned to Green River, tying up at 11:30 PM. For this service the Claimants submitted a claim for a basic day for each trip out of the terminal under the provisions of Rule 67, and also claimed a basic day for a violation of Rule 58. The Carrier compensated the Claimants 100 miles and 2 hours and 5 minutes overtime under Rule 58. The remainder of the claims were declined by the Carrier, and the matter is now properly before this Board for adjudication.
Rule 58 states in part:
(a) Trainmen assigned to combination switch and road service may be called to make one or more turnaround trips out of the same terminal within a zone extending 50 miles in any direction and paid a minimum of 8 hours at basic daily rate of $21.32, if on a 6 or 7-day assignment, and $22.50 if on a 5-day assignment, provided that trainmen will not be required to make a succeeding trip out of their terminal after they have been on duty 8 hours, except as a new day. Trainmen will begin a new day when required to make trip out of their terminal if on duty 8 hours before train is coupled together and air test made. (Rates shown are those in effect on September 7, 1986.)
(f) Bulletin will show terminal, starting time and days included in assignment.
(g) Trainmen may be started up to two hours later than bulletined starting time according to service conditions, provided they are advised prior to the end of their preceding shift each day of the changed starting time, and time will commence at the bulletined starting time. For service performed in advance of bulletined starting time, see Rule 55(b) and (c).
Rule 58(a) states "Trainmen assigned...." Subparagraph (f) of Rule 58 states "Bulletin will show terminal, starting time and days included in assignment." In the instant case, the Claimants were called for unassigned service, not under a bulletin. And this extra 50-Mile Zone Local did not have an assigned starting time or specific work day as required by Rule 58 (f) . We find that the Carrier violated Rule 58 on March 6, 1994, and that basic day penalty payment is appropriate. Moreover, we find that Rule 67, Automatic Release, applied to the Claimants on that date -- that on arrival at terminals conductors and brakemen are automatically released -- and that the claims based on Rule 67 are meritorious. The Carrier may offset payments previously made for this date.
ORDER: The Carrier is required to comply with this award within thirty days.
David P. Twomey, Chairman and Neutral Member
G. A. Eickmann, Organization Member
A. Terry Olin, Carrier Member
DATED: June 16, 1995