CARRIER FILE NO. 9500581
ORGANIZATION FILE NO. C95-0406

UNITED TRANSPORTATION UNION)
                           )
                        VS )         NMB CASE NO. 121
                                                      )         AWARD MO. 121 
UNION PACIFIC RAILROAD CO. )

STATEMENT OF CLAIM:

Claim of post-1985 Rawlins Conductor B. J. Carpenter, Jr. for an additional basic day account exchanging trains enroute on November 19, 1994.

The Carrier and the Employees involved in this dispute are respectively Carrier and Employees within the meaning of the Railway Labor Act, as amended. This Board has jurisdiction of the dispute here involved.

The dispute here involved is, in effect, a companion to the dispute covered by our prior Award No. 120. Both disputes involve the same rules and same arguments, the difference being that claimant in this case entered service with the Carrier subsequent to adoption of the October 31, 1985 agreement. It is Carrier's position that the claim seeks a duplicate payment in addition to claimant's regular earnings. Carrier here again relies on the language of Article IV, Section 5 (b) of the October 31, 1985 National Agreement which also provides duplicate payments shall not apply to employees whose seniority in train or engine service is established after the date of this Agreement. Claimant's seniority date is June 4, 1988.

Inasmuch as the Board found in prior Award No. 120 that the penalty payment set forth in Part VIII, Section 7 of the Interdivisional Service Agreement of May 22, 1972 is not a "duplicate time payment" as contemplated by Article IV, Section 5(b) of the October 31, 1985 National Agreement, it must follow that Carrier's argument in this dispute must fail.

The record is clear that Carrier was in non-compliance with the first sentence set forth in Part VIII, Section 7 of the May 22, 1972 Agreement, therefore, claimant is entitled to the penalty payment set forth in the second sentence of the rule. 

Claim sustained. Carrier is instructed to comply with this award within 30 days of the date hereof.

F. T. Lynch, Neutral Chairman

C. R. Wise, Carrier Member

A. Martin, Employee Member

Award date March 3,1999