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NATIONAL RAILROAD ADJUSTMENT BOARD
39 S. LaSalle St., Chicago 3, Illinois
The First Division consisted of the regular members and in
PARTIES TO DISPUTE:
Docket No. 11384
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BROTHERHOOD OF LOCOMOTIVE FIREMEN AND
NORFOLK AND WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of Engineer A. M. Swann and Fireman C. M. Thompson for continuous time from the time they reported for work train service at Crewe on the morning of October 25th until relieved at Roanoke, which was the end of their deadhead trip.
EMPLOYES' STATEMENT OF FACTS: The West Norfolk Division extends from Roanoke to Crewe. Island is located on main line of the Norfolk Division 54 miles east of Roanoke. There are a number of passenger and freight trains operated between Roanoke and Crewe with Roanoke the home terminal. There is also an extra list of engineers and firemen maintained at Roanoke.
On August 22, 1939, Extra Engineer A. M. Swann and Extra Fireman W. T. Monk were used to man extra work train out of Roanoke.
On August 28th, the following notice was posted:
To Enginemen and Firemen:
"Crewe, Va., August 28, 1939 f
A Work Train has been put on to work between Roanoke and Crewe and same is numbered No. 1 for reference only. Accordingly, vacancies exist for an Engineman and Fireman.
The senior applicants making written application within FIVE days will be assigned thereto.
This advertisement expires Midnight, September 2, 1939.
/S/ W. R. James,
Road Foreman of Engines."
Engineer A. M. Swann and Fireman C. M. Thompson being the senior applicants were assigned to the run.
On October 25th this work train was cut off at Island, deadhead allowance was claimed from Island to Roanoke under the provisions of Article 12 (a) and Note (III) to said Article appearing in both the Engineers' and Firemen's current Schedule.
The carrier declined the claim on the grounds that the deadhead movement made by the claimants was in the exercise of their seniority.
POSITION OF EMPLOYES: Article 12 (a) and Note (III) referred to in Statement of Facts reads as follows:
Article 12 (a) "When deadheading under orders and for the benefit of the Company, full pay of their respective classes will be allowed. When deadheading to relieve men at outlying points who obtain leave of absence of their own volition, one-half (2) pay will be allowed, except in case of sickness, when full pay will be allowed."
Note (III) "When deadheading for work or wreck train service, continuous time will be allowed from time of reporting for the deadhead trip until released at the close of the work day, or at the end of the deadhead trip, as the case may be."
The employes hold that under the provisions of Article 12 (a) and Note (III), referred to in Statement of Facts, the claimants are entitled to continuous time from the time they reported for work train service on the morning of October 25th until relieved at Roanoke, the end of their deadhead trip.
The employes further hold that this deadhead movement was not on account of Engineer Swann and Fireman Thompson exercising their seniority rights but was a forced movement made by the carrier when they cut the work train off at Island, which is an intermediate point on the Norfolk Division. This necessitated getting these men back to their home terminal to avoid paying them time under the Away-From-Home Terminal Rule.
We are quoting below letters exchanged between the carrier and the employes' representatives, which will advise you of the position taken by the carrier and the employes in this case.
Mr. R. H. Smith
Vice-President and General Manager
We are submitting for your consideration time claim in favor of Engineer A. M. Swann and Fireman C. M. Thompson, which is for deadhead movement made Lynchburg to Roanoke, October 26, 1939.
The facts in this case are as follows: On August 22, 1939, Engineer Swann stood first out on the engineers' extra list, Roanoke, at which time a work train was run out of Roanoke. Therefore, Mr. Swann was called to man this work train as engineer during period of advertisement and being the senior engineer applying for the run in question, he was assigned to the run regularly. This work train did not have any particular point to clear at night, was ordered to clear at a number of intermediate points on the division during the time this work train was assigned.
On October 26, this work train was cut off. On account of the engine used on the work train being needed at Island, the work train was cut off at that point and the train crew was deadheaded to Roanoke.
We feel that because of the fact this work train was advertised as No. 1 work train, put on and started from Roanoke, and worked over the entire division, laying up at different points on the division; that the crew assigned to the run should have been returned to the point from which the train was started at the expense of the carrier.
We note in Mr. Ellett's letter, which is a part of this file, that he takes the position that the deadhead movement made by these men, on the date in question, was in the exercise of their seniority.
We find ourselves in disagreement with Mr. Ellett and take the position that this was a forced movement made by the carrier, and that this deadhead movement was to place this engine crew back to the point from which they started and not in exercise of their seniority.
We contend that Engineer Swann and Fireman Thompson are entitled to continuous time from the time they reported at Crewe for the work train on the morning of October 25 until they were relieved at Roanoke at the end of their deadhead trip on the morning of October 26, and we request that they be so paid. We are basing our contention upon Note III to Article 12 appearing in both the Engineers' and Firemen's Working Regulations.
Signed-D. I. Minichan,
General Chairman, B. L. E.
General Chairman, B. L. F. & E." "Roanoke, Virginia, January 3, 1940.
Mr. D. I. Minichan, General_Chairman,
Mr. H. H. Burnett, General Chairman,
Referring to your joint letter of December 15th, and returning enclosures to Mr. Minichan, concerning claim of Engineer A. M. Swann and Fireman C. M. Thompson for deadhead trip Lynchburg to Roanoke, October 26, 1939, after the work train to which they were regularly assigned was cut off at Island:
The work train referred to had been bulletined and Engineer Swann and Fireman Thompson, being the senior applicants were assigned in the usual manner. This work train was not bulletined to operate out of any specified point and when the work was completed was cut off at Island. The crew was properly notified that the work train would be discontinued and the selection of other positions by these claimants following the cutting off of the work train constituted the exercise of seniority rights. This was done by the train crew with no expense to the Company. Note 3 of Article 12, referred to by you, does not support this claim. The fourth paragraph of 'Note, Article 12,' specifically states that no compensation shall be paid to employes for deadhead trips when exercising their seniority rights and, therefore, the claim is declined.
/S/ R. H. Smith,
Vice President and