Award No.30
Case No. 35

Public Law Board No. 3146

United Transportation Union

and

Burlington Northern, Inc.

STATEMENT OF CLAIM:

Claim of Wyoming Seniority District (Gillette) Conductor M. D. Richardson, Brakemen D.B. Prowett, and W. R. Binns for payment of a 178.8 mile deadhead, less payment currently allowed of 106 miles, from Gillette to Guernsey on February 29, 1988.

FINDINGS:

Article VI of the October 31, 1985 National Agreement modified existing deadhead rules to provide a basic day's pay for a deadheading assignment; actual miles are paid only in the event that service is combined with deadhead.

On February 29, 1988, the three claimants as well as their engineer were called to deadhead by van from Gillette to Guernsey, Wyoming, a distance of 178.8 miles. Upon arrival at Bill, an intermediate point, they were instructed to call the dispatcher for instructions. The conductor made the telephone call and was told to continue to Guernsey.

Claimants were allowed 106 miles, a basic day's pay, for the deadhead trip. They seek a total of 178.8 miles, the actual miles deadheaded.

Petitioner maintains that "Payment for Deadheading Separate from Service" referred to in Article VI Section 2 of the 1985 National Agreement is intended to allow Carrier to deadhead a crew from one terminal to another terminal and, regardless of mileage involved, pay the crews so deadheaded only a basic day or actual times, whichever is greater, for the deadhead. However, Petitioner emphasizes, in the process of deadheading from terminal to terminal the crew could not be required to perform any work or service.

The issue in this case is whether the telephone call made by the conductor at Bill constitutes "service" within the meaning of Article VI.

Section 3 of Article VIII of the 1985 National Agreement is entitled "Incidental Work." It provides:

"(a) road and yard employees, in ground service and qualified engine service employees may perform the following items of work in connection with their own assignments without additional compensation.

*   *   *

(9) Use communication devices; copy and handle train orders, clearances and/or other messages."

The provision just quoted, particularly when considered in the light of the 1985 National Agreement's bargaining history and makes clear that the mere dialing of a routine telephone call by a conductor in connection with his own assignment is not the type of "incidental work" that provides a basis for compensation.

This is not to say that in some circumstances a call might not amount to "service" within the meaning of the deadhead rules. In the present case, however, all that the conductor did at Bill was to check with the dispatcher to see if any service was required. It manifestly did not justify additional pay for the conductor and two other members of his crew. Carrier was entitled to that minimum measure of productivity and flexibility in its operations.

The claim is overtechnical and unimpressive. It will be denied.

AWARD: Claim denied.

Adopted at Fort Worth, Texas, May 14, 1990

Harold Weston,Chairman

A. L. Luther                                                          W. T. Pearl
Carrier Member                                                                                 Employee Member