NATIONAL RAILROAD ADJUSTMENT BOARD CHICAGO, ILLINOIS VOLUME X AWARDS 1801 TO 2000, FIRST DIVISION ADJUSTMENT UNITED STATES WASHINGTON: 1937 The First Division consisted of the regular members and in addition Referee PARTIES TO DISPUTE: ORDER OF RAILWAY CONDUCTORS BROTHERHOOD OF RAILROAD TRAINMEN CENTRAL OF GEORGIA RAILWAY STATEMENT OF CLAIM.-Claim of Conductors and Trainmen on the Athens District, for one hour overtime account required to turn engines and trains at Athens, as submitted to Southeastern Train Service Board. EMPLOYEES' STATEMENT OF FACTS.-The Conductors and Trainmen on the Athens District operating between Macon, Ga., and Athens, Ga., have been denied payment of one hour overtime for turning engines or trains at Athens. The rule is clear in the Engineers' and Firemen's schedule, Article 14, Paragraph (1), reading as follows: "Engineers will be allowed one hour when required to turn engines or trains at Athens." The Company has refused payment of this hour overtime, due to the fact that they have made a mixed freight train out of one of the passenger trains operating between Macon and Athens, taking the position that the rule is not applicable to the freight train for the reason that they pay freight rates when Engineers' Firemen, Conductors, or Trainmen are required to handle freight cars on passenger train schedule. POSITION OF COMMITTEE.-The Committee takes the position that this rule is applicable to all service; that the company has for a number of years been paying for turning of engines or trains at Athens in both freight and passenger service, this arbitrary hour overtime in accordance with this rule; and that under the rule the company should still pay an arbitrary hour overtime when the men are required to turn engines or trains at Athens. In addition to rule quoted in Engineers agreement Committee for Conductors negotiated settlement with Superintendent under date of January 23, 1931, in which claims were adjusted for turning trains or engines of passenger trains at Athens. POSITION OF CARRIER.-This case was submitted to the Train Service Board of Adjustment for the Southeastern Region in August 1932, which, at that time, included the Engineers and Firemen, as well as Conductors and Trainmen, was heard as Docket No. 835, and the following decision rendered under date of August 4, 1932: "In view of Paragraph 'L', Article 14, Engineers' Agreement, and Paragraph 'M', Article 14, Firemen's agreement, claim is sustained for Engineers and Firemen. The Board recommends that in the absence of a rule for Conductors and Trainmen, and evidence submitted at hearing, the Company and Committee representing Conductors and Trainmen jointly, develop the practice and make settlement in accordance therewith." At many points where freight and passenger trains have been turned, from time to time, it was the practice in many instances to pay the passenger engineers an arbitrary time allowance for turning. This was done at Florala, Andalusia, Hartford, Covington, and Athens, but it was never the practice to pay freight crews for turning their engines, except for the additional mileage made, and at all of the points mentioned, as passenger train service was discontinued and mixed trains substituted, at local or through freight rates of pay, there was no pay allowed for the turning, except for the additional mile age made. 092967 9 Feb. 138 div. dep. v.1o, 1937. cont. FES In carrying out the decision of the Board an investigation developed that 1 hour's time was allowed train crew for turning train 23 on Saturday and train 13 on Sunday at Athens when the switch engine was not on duty, for some time prior to 1931. In January 1931 a question arose as to the correctness of paying train crews for this service and the Superintendent verbally instructed that deduction be made for such times that were allowed from June to December 1930, both inclusive. Subsequently, the Superintendent cancelled these instructions and authorized the resumption of the former practice of paying train crews for turning passenger trains when the switch engine was not on duty, at the same time authorizing the refund to train crews of the amount which had been deducted from their earnings for the 7 months referred to above. The Record shows that prior to the discontinuance of the switch engine at Athens in March 1932 the train crews were only paid for turning train 23 on Saturdays and for turning train 13 on Sundays (prior to the time that train 13 was made a mixed train in December 1931), and since the switch engine was cut off the train crews have been paid for turning train 23 each day until June 1932, at which time this train was also made a mixed train, and the crew has not been paid for turning it since that time. There is no rule in the agreement under which conductors and trainmen could claim additional pay for turning engines or trains, and the only practice that they can rely on related to but two trains on two days of the week, and then only while those two trains remained classified as passenger trains, and not after they were converted to mixed trains. Whatever rules the engineers and firemen have governing this point are not applicable to conductors and trainmen, and should not be taken as indicating or establishing any obligation on the part of the Management to accord conductors and trainmen payment merely because engineers and firemen receive additional payment. FINDINGS.-The First Division of the Adjustment Board, upon the whole record and all the evidence, finds that: The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934. This Division of the Adjustment Board has jurisdiction over the dispute involved herein. The parties to said dispute were given due notice of hearing thereon. Road crews were paid one hour for turning passenger equipment when no yard crew on duty. After changing run in question to mixed train service crew continued to turn passenger equipment as before. Under the practice on this road the train crew should be paid one hour overtime for days when required to turn passenger equipment. If additional mileage had been paid therefor adjustment should be made accordingly. AWARD Claim sustained in keeping with above Findings. Attest: T. S. MCFARLAND Secretary NATIONAL RAILROAD ADJUSTMENT Board Dated at Chicago, Illinois, this 17th day of March, 1937. Docket No. 3170 NATIONAL RAILROAD ADJUSTMENT BOARD First Division The First Division consisted of the regular members and in addition Referee Frank P. Douglass when award was rendered PARTIES TO DISPUTE: ORDER OF RAILWAY CONDUCTORS BROTHERHOOD OF RAILROAD TRAINMEN CENTRAL OF GEORGIA RAILWAY STATEMENT OF CLAIM.-Claims of Conductor J. R. Hoops and crew for one day's pay at yardmen's rate of pay for each day used in yard to make up train from December 1, 1935, also claim of Conductor W. W. Teague and crew for one day's pay at yardmen's rate of pay from December 7, 1935, until the matter is adjusted. EMPLOYEES' STATEMENT OF FACTS.-On December 1, 1935, Conductor J. R. Hoops and crew who are regularly assigned to through freight trains Nos. 48 and 47 operating between Augusta and Millen, Ga., were required to switch together cars that were delivered to Central of Georgia Railway for train No. 48, and since that time the same work has been performed each trip where cars were delivered after switch engine hours. Conductor W. W. Teague's claims are same as Conductor Hoops as he was filling run of Hoops and required to perform same service. POSITION OF THE COMMITTEES.-The Committees contend that the switching done in Augusta yard by crew of train No. 48 should have been done by the yardmen employed at that point as there is no agreement between the Company and its Conductors, Trainmen, and Yardmen, as to road crews performing switching service at terminals. The Committees contend in the absence of a rule to perform terminal switching the Conductors and Trainmen performing this service should be compensated on basis of yardmen's rate of pay as per Article 33 and 34, joint agreement between the Company and its Conductors, Trainmen, and Yardmen effective February 1, 1927. The work required of this crew consists of switching together cars delivered at Augusta from connecting lines and at times they consume from 15 to 40 minutes and longer as business requires as cars are cut in proper location and train doubled together from one to three tracks. We request that your Board sustain our claims on above basis in the absence of a rule. CARRIER'S STATEMENT OF FACTS.-Prior to March 7, 1936, the switch engine arrangement in effect at Augusta was as follows: 1 engine from 6:30 A. M. to 2:30 P. M.-7 days per week. 1 engine from 4:30 P. M. to 12:30 A. M.-5 days per week-Monday to Friday, inclusive. No switch engine service on Saturdays and Sundays after 2:30 P. M. On March 7, 1936, due to increase in business, a switch engine was assigned from 4:30 P. M. to 12:30 A. M. on Saturday. Train No. 48 is scheduled to leave Augusta for Millen at 10:30 P. M. On Saturdays and Sundays, prior to March 7th, and on Sundays, subsequent to March 7th, the day switch engine leaves the business lined up, as far as possible, for No. 48, but due to deliveries from connections after 2:30 P. M., it is necessary for No. 48 to make an average of about 3 switches to pick up these connecting line cars and put them in the train before leaving Augusta. The total number of cars involved averages about 5 or 6 and consumes, depending on conditions, from 15 to 40 minutes. POSITION OF CARRIER.-Under Article X of Supplements 24 and 25, Question No. 15 of the Memorandum of Understandings between the Director General and the four transportation organizations reads as follows: |