Docket 30792 NATIONAL RAILROAD ADJUSTMENT BOARD FIRST DIVISION 39 South La Salle Street, Chicago 3, Illinois PARTIES TO DISPUTE: BROTHERHOOD OF RAILROAD TRAINMEN CHICAGO, ROCK ISLAND AND PACIFIC STATEMENT OF CLAIM: "Claim 100 miles through freight rate, Conductor L. V. Lockett, Brakemen J. E. Whitehead and C. G. Dipman, Train No. 94, engine 5106, at Mullinville, Kansas, February 29, 1948." JOINT STATEMENT OF FACTS: On February 29, 1948 Conductor L. B. Lockett, Brakemen J. H. Whitehead and C. G. Dipman were called at Liberal, Kansas for Train No. 94 at 9:10 P. M. and departed at 9:25 P. M. enroute to Pratt, Kansas. Upon arrival at Mullinville, Kansas at 11:45 P. M. this crew was required to move the train of Extra 2644 East, whose engine had derailed on the oil spur at Mullinville, from the main track to the passing track. Train No. 94, after putting the cars of Extra 2644 East into the clear, then departed Mullinville at 12:10 A. M. POSITION OF EMPLOYES: "ARTICLE 6 (e). EMERGENCY SIDE TRIPS. When a crew is required to make an emergency side or lap back trip between their terminals within the scope of Supplement 25, miles made will be added to the mileage of the regular trip and paid for on continuous basis. Short trips from a terminal to an outlying point and return, from an outlying point to a terminal and return, or from an intermediate point to another intermediate point and return, on account of engine failure, running for fuel or water, running for wreck car or carmen, or on account of derailment, when such conditions arise in connection with their own train, will be paid continuous time or mileage. The crew to be considered as a unit." The above mentioned train crew on No. 94, engine 5106, February 29, 1948, operating between Liberal and Pratt, Kansas, on arriving at Mullinville, were instructed to place the train of Extra 2644 from the main line to the passing track after engine 2644 became derailed on the house track. This Extra 2644's train was left on main line to clear passing track. 1/94 used passing track at Mullinville to head around Extra 2644, it being neces sary for Lockett and crew to leave their train west of Mullinville, take their engine and shove Extra 2644's East train into passing track, this requiring Lockett and crew to lap back for their own train. After all the evidence is presented in this case, it is the position of this committee you will find in favor of the Petitioner. POSITION OF CARRIER: Agreements between the Carrier and employes of the Carrier represented by The Order of Railway Conductors and The Brotherhood of Railroad Trainmen, both bearing an effective date of March 1, 1929, are on file with your Board and are hereby made a part of this record. Claim was filed by time slip submitted by Conductor Lockett. We are attaching as Carrier's Exhibit "A" a copy of the original time slip, and call your attention to the fact that the column headed "Actual Miles Run" is left blank which indicates that there was no road mileage involved in making the moves in question. We further call your attention to the notation made by Conductor Lockett reading, "Claim 100 miles putting Extra 2644 train in clear 11:45 P. M. to 12:10 A. M. at Mullinville." There is no indication there that a lap back trip was made or was claimed to have been made. However, in subsequent handling by the representative of The Brotherhood of Railroad Trainmen, contention was made that this crew was required to make a lap back trip. The evidence of record does not support such a contention, and as further evidence that such contention is not supported by the record, we quote in its entirety Joint Statement of Facts covering this dispute which was signed by Superintendent for the Carrier and Local Chairman of the Brotherhood of Railroad Trainmen for the Organization, April 28, 1948: "Claim-No. 94, engine 5106, Feb. 29, 1948-Condr. L. V. Lockett, Brakemen J. H. Whitehead and C. G. Dipman. Liberal, April 28, 1948 PANHANDLE DIVISION JOINT STATEMENT OF FACTS NO. 301 February 29, 1948, Conductor L. V. Lockett, Brakemen J. E. Whitehead and C. G. Dipman, were called at Liberal for No. 94, engine 5106 for 9:10 P. M. departed 9:25 P. M. enroute Pratt, arrived Mullinville 11:45 P. M. Engine 2644 of an extra east had derailed engine on oil spur at Mullinville with their train on main track between switches. No. 94, engine 5106, put cars of X-2644-E train into clear from main track at Mullinville, and departed Mullinville 12:10 A. M. with their own train. Their claim for 100 miles for putting X-2644-E train in clear was declined, but they were paid local rate for the trip for switching cars at Mullinville. /s/ J. O. Baucom /s/ Geo. R. Huntoon Superintendent Date Signed May 5, 1948 Upon receipt of the original claim, payment of the additional day was declined because of lack of support by the controlling Agreements. However, because of the nature of the work performed, this crew was allowed the local rate of pay which payment was strictly in accord with the provisions of Paragraph 2 of Interpretations dated at Chicago, December 23, 1929 on the application of Article 5 (d) of the Conductors' and Trainmen's Agreements defining station switching. Paragraph 2 of those Interpretations reads: "2. Switching a car or cars from one track to another or moving a car or cars from one location to another location on the same track when such cars are already at the station and which are not a part of the train doing the work, is station switching." The employes' representative has cited Article 6 (e) of the Agreements in support of the claim here being prosecuted. The text of that Article having been quoted in the "Position of Employes". By examining the provisions of this Rule, we find it deals with emergency side or lap back trips being made between terminals, and we hold that there was no lap back trip made in this instance and that the provisions of Article 6 (e) are not in any way applicable, but on the other hand the provisions of Paragraph 2 of the definition of station switching, agreed to in the application of Article 5 (d) of the applicable Agreements, is controlling, and since the payment made meets the requirements of that particular part of the Agreement, the Carrier is not obligated by the Agreements or otherwise to allow additional compensation beyond that provided by Paragraph 2 of the station switching rule. The petitioners have contended that a lap back trip was made in this case. The record does not support that contention. Statement has been made that the claimants in this case were required to leave their train west of Mullinville Station proceeding a short distance eastward, place train of Extra 2644 into the passing track at Mullinville and return for their train and proceed on their trip. This statement is, no doubt, true, but it is obviously true that all of the moves made by this crew were made within the station limits of Mullinville and there was no lap back trip made. Although we have only the information contained in the printed copy of Award 14838, it appears that in that Award your Board declined a claim involving the same question as involved in the instant case. The evidence of record shows definitely that there was no lap back trip made and the Organization's representative has not produced evidence to the contrary which they have had ample opportunity to do if it were possible. We say this because on October 16, 1948, we wrote Mr. C. E. Zohfeld, then General Chairman representing The Brotherhood of Railroad Trainmen on this Carrier, declining payment of the claim which was originally appealed to the Carrier's Manager of Personnel by Mr. Zohfeld on September 25, 1948 and stating our position. We are quoting our letter of October 16, 1948 in its entirety. "October 16, 1948 Mr. C. E. Zohfeld General Chairman, BRT Dear Sir: Referring to your letter of September 25, file Z-567-32, appealing the claim of Conductor Lockett and Brakemen Whitehead and Dipman for an additional day February 28, 1948, which was apparently appealed on the thought that this crew made a lap back trip. The information in the file indicates very definitely that they did not make a lap back trip. All they did at Mullinville was to |