ITEM 68: Guthrie Award
| Description: ITEM - 68 Award of Board of Arbitration “More Than One Class of Road Service” ORC&B In the Matter of: A DISPUTE ON "MORE THAN ONE CLASS OF ROAD SERVICE" BETWEEN THE CARRIERS REPRESENTED BY THE EASTERN, WESTERN AND SOUTHEASTERN CARRIERS' CONFERENCE COMMITTEES AND CERTAIN EMPLOYES REPRESENTED BY THE BRCTHEP~OOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINDIEN, AND ORDER OF RAILWAY CONDUCTORS. By Arbitration Agreement dated July 17, 1952, the Class I carriers of the United States as represented by the Eastern, Western and Southeastern Carriers' Conference Committees (hereinafter sometimes referred to as the Carriers) and their employee represented by the Brotherhood of Locomotive Engineers (hereinafter sometimes referred to as the Engineers), the Brotherhood of Locomotive Firemen and Enginemen (sometimes hereinafter referred to as Firemen) and the Order of Railway Conductors (sometimes hereinafter referred to as the Conductors), submitted to this Arbitration Board for decision the disputes between them as to the rule to apply to road employee performing More Than One Class of Road Service. The Agreement further provided that "the arbitrators shall have the right to consider whether or not any rule covering More Then One Class of Road Service should be granted, and if so, the language of such rule." A W A R D Question No. 1: "Should any rule covering More Than One Class of Road Service be granted?" The Board finds there is no controversy over this question. All parties to this proceeding now agree, as a matter of record, that there should be a rule. Question No. 2:"What shall be the language of the Rule?" Subject to and in keeping with the provisions of Paragraph 4 of the Arbitration Agreement of July 17, 1952, the Board finds that a new rule should be awarded as follows: Road employee (engineers, firemen and helpers, conductors and trainmen) employed in any class of road service..may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions: When two or more locomotives of different weight on drivers are used during a trip or day's work, the highest rate applicable to any engine used shall be paid to the engineer, fireman and/or helper for the entire day or trip. The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip. When two or more locomotives or different weight on drivers are used during a trip or day's work, the highest rate applicable to any engine shall be paid to the engineer, fireman and/or helper for the entire day or trip. Overtime rate shall apply to the extra compensation only to the extent that the additional service results in overtime for the entire day or trip or adds to overtime otherwise payable for hours required for the regular trip. EXAMPLES FOR THE APPLICATION OF THIS PARAGRAPH A - 2 ARE: (a) An employee in through freight service on a run of 100 miles is on duty a spread of 8 hours, including 2 hours of another class of road service - Employe will be paid 100 miles or 8 hours at pro-rata rate for the trip plus 2 hours at pro -rata rate for the other class of road service, both payments to be at highest rate applicable to any class of service performed. (b) An employe in through freight service on a run of 1oo miles is on duty a spread of 9 hours, including 2 hours of another class of road service - Employe will be paid 100 miles or 8 hours at pro- rata rate for the trip plus L hour at pro rata rate and 1 hour at time and one - half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed. (c) An employe in through freight service on a run of 100 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Employe will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at time and one - half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed. (d) An employe in through freight service on a run of 100 miles is on duty a spread of 12 hours, including 2 hours of another class of road service - Employe will be paid 100 miles or 8 hours at pro rata rate plus 2 hours at time and one - half for the trip plus 2 hours at time and one - half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed. (e) An employe in through freight service on a run of 150 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Employe will be paid l5O miles or 12 hours at pro rata rate for the trip, plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed. less of when notified, whether at time called, at the outset of, or during the tour of duty. Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies. This rule does not involve the combining of road with yard service nor modify or set aside: Lap - back or side trip rules except when a combination of service includes work, wreck, helper or pusher service and such movements are made in the performance of work, wreck, helper or pusher service. Conversion rules. This Board specifically finds and certifies that the award herein rendered is consistent with the standards now in effect, established by or pursuant to law, for the purpose of controlling inflationary tendencies. Award rendered and filed in the Office of the Clerk of the United States District Court for the District of Columbia, this 3rd day of December, 1952. BOARD OF ARBITRATION Paul N. Guthrie Neutral Arbitrator and Chairman Effective February 3, 1953 (A - 68 - 5)
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