Award No. 2
Case No. 2
SPECIAL BOARD OF ADJUSTMENT NO. 646
Parties ) Brotherhood of Locomotive
Engineers
to )
Dispute ) Union Pacific Railroad Company-Eastern District
Statement of Claim: Claim of Engineer J. F. Cross and Fireman R. H. Wunderlich for 100 miles account allegedly used off their assignment on November 2, 1963; and claim of Engineer C. W. Baum and Fireman J. A. Son for 100 miles account not called to handle Train 154, Loring to Kansas City.
Findings: In this case a "dog-catch" vacancy on Train No. 154 must be found to have come into existence when the crew thereof had to tie up under the Hours of Service Act, and when Carrier then elected to have said train moved as a unit under its own power to Kansas City by another engine crew. Then under the long-standing practice conceded to have been in effect at Kansas City, Carrier was obligated to fill said vacancy with the first-out extra crew at Kansas City, namely, Claimants Baum and Son.
Carrier did not have to get No. 154 into Kansas City as a unit under its own power. It could have had Claimants Cross and Wunderlich, the engine crow of the so-called "Loring Local", couple its own engine onto the engine and cars of No. 154 and, with or without its own (Loring Local) cars, bring the other engine and cars into Kansas City. In such case, not only would there have been no vacancy on No. 154, there would also have been no change in the nature of the regular assignment of the Loring Local's engine crew. But given here the fact of Carrier's choice, the Board finds itself compelled to hold that said choice (1) created the above-mentioned vacancy, thus validating the Baum-Son claim, and (2) had the effect of requiring claimants Cross and Wunderlich to perform service that should have gone to the first-out extra crew, thus validating the Cross-Wunderlich claim.
AWARD: Claims sustained.
SPECIAL BOARD OF ADJUSTMENT NO. 646
Carroll R. Daugherty
Chairman and Neutral Member
N. T. DeLong, Carrier Member C. G. Gwinn, Employe Member
Omaha, Nebraska
August 30, 1966