FIRST DIVISION NATIONAL RAILROAD ADJUSTMENT BOARD CHICAGO, ILLINOIS VOLUME 103 AWARDS 14931 TO 15080 Interpretation of Awards 14723-14724-14725-14987 CHAMPLIN-SHEALY COMPANY 100 N. LaSalle Street 365 Printed in U. S. A Docket 23469 NATIONAL RAILROAD ADJUSTMENT BOARD FIRST DIVISION 39 South La Salle St., Chicago 3, Illinois With Referee George E. Bushnell PARTIES TO DISPUTE: BROTHERHOOD OF RAILROAD TRAINMEN THE CHESAPEAKE AND OHIO RAILWAY COMPANY STATEMENT OF CLAIM: Claim of Baggageman R. R. Workman and Brakeman F. F. Flannagan for one (1) day each at Yardman's rate in addition to other time earned for March 28, 1945, Charleston, West Virginia. We also ask that all other road crews who are required to perform yard service at Charleston be paid one (1) yard day each in addition to time earned in road service. EMPLOYES' STATEMENT OF FACTS: On March 28, 1945, passenger train Second No. 3 was called at Clifton Forge, Virginia, for 10:30 A. M., and on arrival at Charleston, West Virginia, the crew was required to cut three head cars in their train at the Depot and pull westward to center siding and set off PRR 8933 in this siding; then return to the Depot with the other two cars and get their train and then pull westward beyond No. 35 track where they were instructed to back in and pick up NYC 7717. On March 30, 1945, this same kind of movements were made, and on many subsequent dates many passenger train crews have been required to perform similar yard service. CARRIER'S STATEMENT OF FACTS: On March 28, 1945, Baggageman R. R. Workman and Brakeman F. F. Flanagan, with Conductor A. M. Smith, went on duty in passenger service at Clifton Forge, Virginia, and handled train second No. 3, Clifton Forge, Virginia, to Huntington, West Virginia. The third head car in this crew's train was to be set off at Charleston, West Virginia, and the crew was also instructed to pick up a car on the rear of their train at that point. The car to be picked up at Charleston was a wooden car which had to be handled on the rear. On arrival Charleston, this crew made cut behind the third head car, pulled ahead and backed into the center siding, setting this third car off in that track. The crew then recoupled the head two cars to the train, pulled the entire train to the west end of No. 35 track, backed the train into this track adjacent to the main line, and coupled onto the wooden car. After this car was coupled, the crew proceeded on their trip to Huntington. On March 30, 1945, Baggageman Workman and Brakeman Flanagan, with Conductor Smith, again handled Second No. 3, Clifton Forge to Huntington. On this date the third and fourth head cars in their train were to be set off at Charleston and three cars were to be picked up at that point. On arrival Charleston, the crew made cut behind the fourth car and set the third and fourth cars off in the center siding. They then proceeded with the two head cars to No. 35 track, coupled onto the three cars standing first out in that track and handled these five cars back onto their train. They then proceeded on their trip to Huntington. On subsequent dates road passenger crews have made straight set offs, straight pick ups or straight set offs and pick ups at Charleston. Rule 31 of the Yardmen's Agreement, effective February 1, 1927, (current agreement) reads: "RULE 31-YARDMEN WILL PERFORM YARD WORK. Persons other than conductors and brakemen will not be allowed to do transfer or yard service work unless actually employed in such service." POSITION OF EMPLOYES: Rule 2 of the Conductor's and Trainmen's Agreement reads: RULE 2-BASIC DAY "One hundred and fifty miles or less (stright-away or turn around) shall constitute a day's work. Miles in excess of one hundred and fifty will be paid for at the mileage rates provided. A passenger day begins at the time of reporting for duty for the initial trip. Daily rates obtain until the miles made at the mileage rate exceed the daily minimum. On runs that exceed one hundred and thirty-five miles in one direction, trainmen will receive at least one minimum day's pay." Rule 31 of the Yardmen's Agreement reads: RULE 31-YARDMEN WILL PERFORM YARD WORK. "Persons other than conductors and brakemen will not be allowed to do transfer or yard service work unless actually employed in such service." The train in question was a second section of a first class passenger train scheduled from Washington, D. C. to Cincinnati, Ohio. Division points from Washington, D. C., to Clifton Forge, Va., Clifton Forge to Huntington, West Virginia, and Huntington to Cincinnati, Ohio, and Charleston, West Virginia is fifty (50) miles East of Huntington. The passenger division from Clifton Forge extends over three freight divisions, a distance of 227 miles, and the baggagemen and brakemen's position on these interdivisional passenger runs are filled by the senior man from either freight division who desires them under Rule 60 of the Trainmen's Agreement. Yard service is maintained 24 hours daily on Charleston, West Virginia Yard, and a considerable number of yard crews were assigned on this yard on the date of this claim, one of which was or could have been directed by the Carrier to switch the same car out and the said cars in Second No. 3's train, which should have been done as these yard crews are assigned to do all transfer and yard service work on this yard of defined limits. The claimants in this case were assigned in road service and were operating a straightaway passenger run when they were required to perform the work complained of on Charleston, West Virginia Yard, and for which the payment of a yard day is claimed, which the Committee believes was yard service work within the meaning of the provisions of Rule 31 of the Yardmen's Agreement, and cannot be considered intermingled with the road service they were assigned to perform. It is the Employes position that the schedule road and yard rules quoted in our Statement of Facts sustains this claim as the yard service work which the claimants were required to perform on Charleston, West Virginia Yard was no part of, but separate from the road service they were assigned to perform in operating Second No. 3 from Clifton Forge, Virginia to Huntington, West Virginia, and we ask your Honorable Board to sustain this claim. All evidence introduced in this submission has been previously discussed either in conference or by correspondence with the Carrier. Oral presentation is not desired. POSITION OF CARRIER: On September 19, 1945, this claim was appealed as follows: 'Claim of Baggageman R. R. Workman and Brakeman F. F. Flannagan for one (1) day each at Yardman's rate in addition to other time earned for March 28, 1945, Charleston, West Virginia. We also ask that all other road crews who are required to perform yard service at Charleston be paid one (1) yard day each in addition to time earned in road service.' On March 28, 1945, Second No. 3 was called at Clifton Forge at 10:30 A. M., and on arrival at Charleston, W. Va., the crew was required to cut behind three cars in their train; went down to center siding and set off one car, PRR 8933; then held onto two head cars and went back to the Station at Charleston; coupled up to the rest of their train; then pulled the entire train down beyond No. 35 track where they were instructed to back in and pick up NYC 7717. On March 30th, this same move was made and on many subsequent dates since this time the road crews have been required to perform yard work at Charleston, in violation of Rule 31 of the Yardmen's Agreement. We, therefore, ask that you allow this claim, and all subsequent claims for all other dates that road crews were required to perform yard service at this point. |