AD HOC 67: SALTEL, A.: CLAIM SHORT RUN

AWARD

This matter concerns a claim for 97-1/2 additional miles in favour of Fireman/Helper A. Saltel when deadheading and service combined on a trip from Symington to Calrin and return on March 28, 1970. The grievor is covered by the collective agreement with the Union on the Prairie and Mountain Regions of the Company.

The parties are in agreement on the facts which are as follows:

JOINT STATEMENT OF FACT:

On March 28, 1970 Fireman/Helper A. Saltel was ordered for 2230 hours, on duty at 2210 hours, for service on train no. 309 which normally operates from Winnipeg to Rivers.

Train no. 309 departed St. James Junction, the point where road pay begins and ends for trains originating and terminating at Winnipeg, at 0005 hours March 29, 1970.

While enroute to Rivers a car in train no. 309’s consist was derailed at Calrin, 13.2 miles from St. James Junction. The derailment took place at 0025 hours.

Following notification of the derailment an auxiliary train was ordered from Winnipeg, cleared the derailed car from the main track and moved the train including the locomotives to Diamond, a point 5.4 miles east of Calrin. On arrival at Calrin the auxiliary train performed certain switching on train no. 309 which was completed at 0930 hours.

When train no. 309 was ready to proceed to its destination the conductor advised the train dispatcher that he would require rest. The conductor also advised the engineman by radio that he (the conductor) would not be proceeding to Rivers but would be returning deadhead to Symington Yard, a point within the terminal of Winnipeg.

On receipt of this information Locomotive Engineer A. Roman advised the conductor to have the train dispatcher also send a relief engine crew as Engineer Roman and Fireman/Helper Saltel also wanted rest. A complete relief crew was ordered from Winnipeg and arrived by taxi at Diamond at 1115 hours.

The original crew of train no. 309, including Fireman/Helper Saltel, deadheaded to Symington Yard, arrived and went off duty at 1240 hours.

Locomotive Engineer Roman submitted a time claim on behalf of Fireman/Helper Saltel for 261 miles covering the trip up to the time Saltel was released at Diamond. Fireman/Helper Saltel submitted an additional time claim for 18 miles which was intended to cover the deadhead portion of the trip Diamond to Winnipeg. Both claims amounted to a total of 279 miles.

On April 7, 1970 the Area Comptroller at Winnipeg advised Fireman/Helper Saltel that the claim submitted for the service portion of the trip was reduced from 261 miles to 162 miles as the trip was being paid on the hourly basis. Both the service and deadhead portions of the trip were also combined and Mr. Saltel received payment for a total of 180 miles.

Fireman/Helper Saltel submitted a claim for the difference in miles allowed and miles claimed, i.e. 87-1/2 miles. The grievance was progressed throughout the grievance procedure on the basis that Mr. Saltel had not been paid in accordance with articles 3.5, 3.7, 7.4 paragraph 3, and 7.19 paragraph (a) of the collective agreement.

The grievance was progressed through all steps of the grievance procedure, was examined in joint conference with the General Chairman and declined by the Assistant Vice-President – Labour Relations by a letter dated November 6, 1970.

The Company adjusted Fireman/Helper Saltel’s claim as follows:

	Time at Symington – 2210 hours to 0005 hours – 1’55”.........................................	23.5 miles
	Time St. James Junction to Calrin to Diamond including the time at Calrin and dead time at Diamond – 0005 hours to 1115 hours (139.5 miles, exceeded actual road miles travelled St. James Junction to Calrin to Diamond, by 120.0 miles) – 11’10”..............................................................................................................	139.5 miles
	Deadhead Diamond to Symington on the basis of hours – 1115 hours to 1240 hours – 1’25”................................................................................................................	17.5 miles
	Total miles allowed......................................................................................................	180.5 miles

Whereas the Union claims that Fireman/Helper Saltel should be paid as follows:

On duty	2210
Leave Shop track	2215	Terminal Time	1’ 55”
Ordered	2230
Depart St. James Jct.	0005	Road Time	100 miles
Arrive Calrin	0025
Depart Calrin	1110
Arrive Diamond	1115	Time at turnaround point	10’ 45”
Arrive Symington	1240
		Total Miles due	258

The union bases its claim on the following articles of the collective agreement:

Article 3.5 – Terminal Delay

Article 7.4 – Paragraph 3 – Deadheading

Article 3.7 – Detention and Switching at Initial and Final Terminals and Turn-Around Points

Article 7.19 – Clause A – Short Runs

The parties are in agreement that articles 3.5 and 7.5, paragraph 3 apply.

This dispute is thus confined to the question whether or not articles 3.7 and 7.19 clause A apply.

Article 3.7 reads as follows:

Article 3.7 – Detention and Switching at Initial and Final Terminals and Turn-Around Points

Allowance of twelve and one-half (12-1/2) miles per hours, has per class of locomotive, on the minute basis pro rata rates for all time required.

Clause A of article 7.19 reads as follows:

On short runs where the mileage of round trips is fifty (50) miles or less, one hundred (100) miles and terminal switching will be paid, also overtime.

The first question I wish to deal with is whether or not article 3.7 applies. It is the Union’s contention that it does and that the time at the turn-around point should be calculated separately from the road time or miles and in addition to payment for road service.

However, although train no. 309 was called in straight-away service (not turn-around) form Winnipeg to Rivers, its progress terminated at Calrin. It was moved back to Diamond by the Auxiliary, and when the residue of the train was actually ready to proceed on its westerly trip to Rivers, the crew including Mr. Saltel booked rest and were deadheaded back to Winnipeg.

The parties agree that paragraph 3 of article 7.4 apply to the case but the Union contends that article 3.7 is complementary to paragraph 3 of article 7.4 and the time at the turn-around point should be calculated separately and in addition to the road service and the deadheading time.

A reading of both these articles does not reveal to my any contradiction between the two. The Company agrees in paragraph 18 of its brief to calculate the rate of pay from St. James Junction to Calrin to Diamond including the time at Calrin and dead time at Diamond on a time basis of twelve and one-half miles per hour which is exactly the same rate as that provided in article 3.7.

Nor do I see that there is any pyramiding of benefits since the Union does not contend the time at Calrin be calculated twice, once in virtue of article 7.4 paragraph 3 and again in virtue of article 3.7.

Where the pyramiding does occur however is when you attempt to apply at the same time paragraph 3 of article 7.4 and the Short Run Rule of article 7.19 to this case.

With respect to Rule A of article 7.19, I agree with the Company’s contention that this rule can only apply to a fireman/helper who is in road service in both directions. The provision refers to “… round trips …” and provides payment on the basis of mileage and terminal switching. There was no such “round trip” on March 26th. Article 7.19 is clearly a service provision as fireman/helpers in service are paid under the dual basis of pay system, i.e., miles or hours, whichever is the greater.

On the other hand, deadheading provides for payment on an hourly basis and is not service. This distinction between the two is clearly made in article 7.4.

I therefore consider, for the reasons above given, that paragraph 3 of article 7.4 is the proper rule to apply to Fireman/Helper Saltel and not article 7.19 because this is a case where both service and deadheading are combined. The grievance is denied.

DATED AT MONTREAL, this 16th day of August 1971.

(signed) R. BARAKETT

ARBITRATOR