Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
FIRST DIVISION
Award No.
24534
Docket No. 44269
9S-1-94-1-U-1769
The First Division consisted of the regular members and in
addition Referee Robert Richter when award was rendered.
PARTIES TO DISPUTE,
(Brocherhood of Locomotive Engineers
(
{Union Pacific Railroad Company (former
( Missouri Pacific Railroad)
STATEMENT OF CLAIM,
"Claim of Engineer R.W. Nowack for 30" Held Away From
Home Terminal time account called to deadhead while on
HAHT time and not departing for 30" after call.
BLE Case: 1635
Carrier File: 9103000 11
FINDINGS,
The First Division of the Adjustment Board,
record and all the evidence, finds that:
upon the whole
The carrier or carriers and the employee or employees involved
ln this dispute are respectively carrier and employee 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.
Parties
thereon.
to
said dispute were given due
notice
of
hearing
The Claimant, an extra board engineer, operated a train from
Jefferson City to Kansas City, Missouri, on July 27, 1991. He tied
up at 9:55 p.m.
The Claimant was called to deadhead back to
Jefferson City at 3:15 p.m. the next day.
Claimant did not scart
the deadhead trip until 3:45 p.m. Under the terms of the Schedule
Agreement, Claimant went under Held Away From Home Time (P.AHT)
after 16 hours. The Claimant claimed 1 hour and 50 minutes F~.
The Carrier allowed 1 hour and 20 minutes. This claim is for the
additional 30 minutes.
The Organization argues Article 8 Paragraph (b) provides K:uIT
ceases only when the deadheading engineer's train leaves the
terminal.
Paragraph (b) reads as follows:
Form 1
Page 2
Award No.
24534
Docket No. 44269
95-1-94-1-U-1769
"(bl Should an engineer, fireman, or helper on ot.her
than steam power, be called for service or ordered to
deadhead after pay begins,
the held-away-from-hometerminal time shall cease at the time pay begins for such
service or, when deadheadina
at the time the train
leaves the terminal, except that. in no event shall there
be a duplication of payment for deadhead time and heldaway-from-home-terminal time."
I
The Carrier argues that. Article VI of the 1986 National
Agreement amended the B.AHT rule.
In particular, the rule that.
provides for a minimum day or total time, which ever is greater.
The rule reads as follows:
"Section 2 - PaYment For Deadheadina Seoarate From Service
When deadheading is paid for separate and apart from
service:
(a) For Present Employees
A minimum day, at the basic rate applicable to the
class of service in connection with which deadheading is
performed, shall be allowed for the deadheading, unless
actual time consumed is greater, in which event the
latter amount shall be allowed."
The Carrier has also cited two Awards in support of its
position. However, it should be noted that both cases cited dealt
with the terminat.ion of HART when the engineer reported for a
working trip.
The crux of this case is when the time for deadheading begins.
If the deadheading time begins when the engineer reports, the HART
would cease. If the deadhead time begins when the train leaves the
terminal the HART would run until then. Neither party has supplied
this Board with any information as to when deadheading time
commences.
It is the obligation of the Organization to show that
the Agreement has been violated.
Based on the information before
this Board, it has failed this burden.
Therefore, we cannot find
the Agreement was violated.
AWAlliJ
Claim denied.
Form 1
Page 3
Award No.
24534
Docket No. 44269
95-1-94-1-U-1769
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimants not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of First Division
Dated at Chicago, Illinois,
this 20th day of November 1995.