Award Z1081 Docket 34097 - Brotherhood of Locomotive Engineers

Award Z1081
Docket 34097
NATIONAL RAILROAD ADJUSTMENT BOARD
FIRST DIVISION
433 \V. Van Buren street, Chicago, illinois 60607
PARTIES TO DISPUTE,
BROTHERHOOD OF RAILROAD TRAINMEN
THE DELAWARE AND HUDSON RAILROAD CORPORATION
STATEMENT OF CLAIM: "Olaim to cover Trainman R. W. Gregware
for an additional day's pay at yard rate on account of being required to do
both fireman and trainman duty after accident at Maiden Lane, February 15,
1955. Claim is based on Article No. 13 "B" as interpreted and applied in
settlement effected in Case No. 26.45."
EMPLOYES' STATEMENT OF FACTS: On Febrnary 15, 1955, while
covering the First Transfer job, the engine hit an automobile at Maiden
Lane as the engine with caboose north, was backing off station track No.1.
After a preliminary investigation at the scene of the accident, the Albany
police decided to take the fireman who was running the engine at the time
of the accident, to the station for further details of the accident. The Superintendent gave orders to the conductor to continue with the work. The engineer refused to move unless there was someone on the left side of the engine and claimant Gregware was told to act as fireman. The Superintendent, in decision dated April 21, 1955, disagreed with the facts submitted, as
follows:
lrwe do not agree with your Statement of Facts. After the fireman was taken to the local police precinct for questioning. the engineman told his conductor that there should be some one in the
cab with him and the conductor asked claimant to ride in the cab.
Claimant remained in the cab until he completed his tour of duty.
He performed no service as a fireman."
SCHEDULE REFERENCE
ARTICLE No. 13 "B" (formerly Article 5 IIDn)
"B. Trainmen holding runs malting one hundred (100) miles.
or less, shall not be used or required to perform additional service.
except in cases of emergency. When called upon to perform such
additional service. it shall be regarded as having commenced a new
run or day. and shall be paid for accordingly."
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UJuly 20J 1945
Case No. 26.45 BRT
Susquehanna Division
SUBJECT: Claim one additional day's pay at .the rate applicable to the class of engine in road service for Trammen James J.
Noonan and Raymond W. Swift who were required to relieve firemen on engines 1082 and 1522 under the SIxteen Hour Law at
Oneonta, February 20 , 1945.
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DECISION: Each claimant has already been allowed thirty
(30) minutes time-over-all at firemen's rate for the service in
question. We are agreeable to allowing the difference between this
amount and the additional day's pay as claimed.
lsi H. F. Burch
Gen. Supt. of Transportation."
Decision in Case 26.45 ERT was accepted by the Organization under
date of July 27 , 1945 and adjusbnents in accordance with such decision were
included in the payroll for the first period in August, 1945. The facts in Case
26.45 follow:
"Extra 1522 on February 20, 1945 was overtaken by the Hours
of Service Act and yard foreman L. H. Watson and crew were
ordered to relieve the crew at Oneonta. Watson's engine was coupled
to engine 1522 and Trainman Noonan assigned to fire engine 1522
while Swift was required to fire engine 1082. Some thirty minutes
were consumed in the operation and 'time-over-aW for the time
consumed was allowed Noonan and Swift."
POSITION OF EMPLOYES: Claimaut performed the regular work of
his assignment up until the time of the accident for which schedule rules
require that he be paid a day's pay at yard rate. Superintendent A. J. Sheehy
having directed Conductor M. A. Duff to continue to work in the absence of
the' fireman, Conductor Duff. in 'turn, ordered claimant to take over the
fireman's position which entitles claimant to a day's pay at fireman's rate
for the fireman service required of him on February 15, 1955. The settlement in Case No. 26.45 BRT supports. sustaining the claim herein made.
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This case has been handled in writing and in conference through the
nhannels, as provided in Section 3 of the Railway Labor Act as amended , up
to and including the highest ofricer designated by the carrier for such
purpose.
CARRIER'S STATEMENT OF FACTS: Trainman Gregware covered
First Transfer Crew on duty at 12:45 A. M. This crew, while performing
routine duty. w~s involved in an accident at Maiden Lane, Albany. New
York at approximately 7:10 A. M. The fireman was handling the locomotive at the time of the accident and was required by city police officer to
leave the locom~tive and go to police headquarters for qnestioning. There
was some unfimshed work to be performed and the conductor instructed
Trainman Gre~are to take a seat in the cab of the locomotive. He performed no duties as a fireman, merely remaining in the cab of locomotive
from 7:45 A. M. until off duty at Colonie, New York, at 9:30 A. M.
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POSITION OF CARRIER' When this claim was ha;dled ~. the ?rgan,;:
ciificinY-,'.there was no reference. rna e as 8Intgdctauntle
under any t" l'i'~-' ',',: -,-.":- ' t When this claim was presen e
0
te
~ation~l ~rtrl;a~-X~4j~:tili~J;T;ci:rdt~ecommittee added this language to
.
lZutioll with,
c8.nier'
e claim as, dISCUSj~~,-__'{)n,·_~rT;:~roperty.
"Claim isba~~d:.:o#-:Al':tiqle'No.13 IB' as interpreted and applied in
settlementeffectedinCuse No. 26.45."
-",',",•"ii:'-.",:~.'
For the converiidh6e:'o:fth~'HOurdl Article No. 13 liEU is herewith quoted:
"ADDITIONAL SERVICE
.n:ll
esJ
B. Traimuen;h~lding:runsmaking .one hundred (100)
more or less-"Sll~ll"l1pt'_-b~' used 'or required to perform additional
service l e."Cce~tin'casel:'-:ofemergency. When called u~on to perform
such addltional-uervicc,..it.sh1\.l1 be regarded as. haVI~,g commenced
a new run or day, and 'shall be paid for accordmgly.
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In Case NO;26:4~~~T;:':th~t1."ainmen in the claim were n;embers of a
yard crew in One()nt,aY~l'd"t~ll.t was directed to yard the tram of a road
crew that was using,.a'.steutp,;'-:I;!;n,gineand had been overcome by the 16 hour
law at the south eIl,dof ;'9Il~ontayard. The fireman of the claimants' yard
engine relieved, th13,roq~.l;!;ngin~er,and without instructions of anyone in
authority in Oneon,ta)'aI'd"",;t~e:,'.yard foreman instructed one of his trainmen to act as fire,nlarl;oIl:,~~~aI11engine No. 1552 that was assigned to the
road train and the})~ll.~:l' '·,:va~tl.·:tt"ainman was ordered to act as fireman on
the yard steam, eIl'giIlc:,,in-':pIlJ;t~:,{)~,the regular fireman who was acting as
engineer on road,.ste.am,-en,gi'Q.~ ..
~".':'
"",.,,,,'::
These twOyard'tI'ai~l~;~:~"iiCtual1Y had to fire the steam engines in order
to get the road train,intoJl,,'Y,aJ:."d,track. The carrier recognized that these
trainmen perforll1ed_ac;~ull,J.~"ery~c,e,;asfiremen,and for that reason were entitled to receive paY:fol""'"s~~17;::A:t,firstthey were allowed 30 minutes timeover-all at the f1rema"l1:~s'~tl~7,Hc~()rdingto class of engine; the 30 minutes
representing theapproxiWtl~~i"_,,til1l~,:requiredto yard the road train. This
amount was late:radjll,S~E!:4,"~(L,;,pl:lyeach trainman an amount comprehensive
of the differencebet:wce~:)"h~t,.'Yas..allowed and a minimum day at the
firemen's rate,Theclnil1l"~p,;,;.t;h7,,illstantcaseis indefinite in that it does
not specify at. what rZl~e;':pr;;,~I,llss,.of'service the Organization is claiming
the additional-day,
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carrier'~~lie~'e~':':'fll'~::;:~irii;~\;:'O{Trainman
The
Greg-ware. herein presented
is not analogoUs. totho.'~,ra,il1,lilcn:'s,clnims in Case No. 26.45 BRT for, unli1t~
those trainmen, he . did,n9~;.:pe!'~oXI1l any actual service as a fireman merely
taking a seat intheleft~,:'sW,~"9t,cab of the diesel locomotive nfte: having
been directed to do. so .' by:Jl1s .conductor.
Rule 808 for theq():v:~r~'I1l§:rit;"of;the Operating Department defines the
duties of a freight trainIllllll:,~o.;l:)(~,:inpal't:
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l'Whc.n not ~ngagp~·!::~ls~~pereJ the trainman must OCCu~y the
post assIgned ,th:Illn~~~;'~~"'?'Il~helookout for signals affecting the
movement of thcu:",tTll1rl''c'"
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be all that it could be expected of
Board to consider the ~OI~OW~gi ~s found in
being comparable to ins an c ann:
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pool freight crew, claims mileage and
.
ddition to payment as brakeman,
lUll
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tbtw
s;:~rc,:~~~~ dates on hIS assrgnmen
e een
for which claim is made are covereu.son !
carrier on J anuary 30, 1945. whi~h
trainmen to sit on an extra seat m
i ~~ti~:~:O~~;~
and to maintain a lookout ahead
d Ing the absence of the fireman. Rule
~
ur
be the duty of 'trninmen to assist
the requirement covered by the nothis rule. The duties and requireof January 30. 1945 are within the
of a forward brakeman as indicated by
effect on the Northern Pacific. Rule 854
when not engaged elsewhere must octhem. They will also observe the posiSIJJTI'a1S, to be prepared to pick up any mesfor signals displayed by other
orders and notices affecting the
be prepared to call attention to or
event of any oversight or mistake.
and forward brakemen must frerounding curves to observe the
passing through cities. towns, and
to keep a careful lookout ahead on
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the IimiGregware, while occuying a seat
not perform the duties of a fireman.
on duty, including 45 minutes overtime,
atii\,vhich is the highest rate allowed for any serv:',h~~~:ljj it be the opinion of the Board that this
lP
requested that the time already allowed him
deducted from any allowance made in
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states that all matters referred to in the
M~l~~~i,~, with the Committee and made a part of the
~~I~i[~Pl~::e::,~~~I~~]
ANSWER: The employes will
I~
Ex Parte Submissions and do not desire
Submissions in Cases 61.55, 80.55 and 2.56.
of the National Railroad Adjustment
all the evidence, :finds that the parties herein
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are carrier and employe within the meaning of the Railway Labor Act, as
amended, and that this Division has jurisdiction.
Hearing was waived.
Claimant was working as a yard trainman on the date in question,
going on duty at 12 :45 A. M. At 7:10 A. M., claimant crew was involved in
a g:rade crossing accident, as a result of which the local police required the
fire-nan to go to police headquarters to make a statement in connection
therewith. There was unfinished work to be performed and claimant's conductor instructed him to take the fireman's place on the engine during the
fireman's absence.
Contrary to the- carrier's position, the Division finds that claimant was
required to take over the fireman's duties while the fireman was absent.
Under the circumstances here present) the Division finds Case No. 26.45,
which was allowed, to be analogous to the present claim.
The claim for an additional day's pay at the yard rate will be sustained
less the for ty-five minutes overtime which has already been allowed.
.'\.WARD:
Claim sustained in accordance with the above findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of FIRST DIVISION
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ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 6th day of March 1967.
Kee:nan Printing
21081
oe., Chicago, Ill.
Printed in U.S.A•
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