PUBLIC LAW BOARD NO. 5680
PARTIES TO DISPUTE:
United Transportation Union
AWARD NO. 15
- and - CASE NO. 15
Union Pacific Railroad Company
STATEMENT OF CLAIM:
Claim of Yardman J. F. Kennedy for a basic day account not called to work as a Yard Pilot in the Grand Island Yard on November 18, 1990.
This Public Law Board No. 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 Sunday, November 8, 1990, Local Chairman D. B. Wagner observed Maintenance of Way personnel lining switches for the Herzog engine outside of the confined shop area while the Herzog engine had hold of five gondola cars and a crane. The Maintenance of Way personnel were observed switching the five cars outside of the confined shop area in order to realign their order, utilizing No. 12 Track and the Outside Belt Track. Additionally, the Maintenance of Way personnel were observed using the Herzog engine to move seven cars from the Paint Track, which is within the confined shop area, to the Mill Track, which is located outside of the confined shop area. A claim for a basic day was submitted on behalf of Yardman J. F. Kennedy on the basis that the Yardman's Agreement was violated when a yard pilot was not assigned to the above described service.
The Carrier declined the Organization's appeal because it had no record of any "work train" working exclusively within Grand Island on the date in question. The Carrier's investigation should have focused on the use of a Herzog engine with five gondola cars and a crane, rather than a "work train". We have considered all aspects of record of this case, and we are compelled to find that the Agreement was violated. We shall sustain this claim.
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