Heard at Montreal, Monday, September 13th, 1965

Concerning

and

Claims of Conductor W.R. Cooper and crew for 8 hours’ pay at yard rates for switching performed at Goderich, Ontario, January 4, 1964.

Conductor W.R. Cooper and Brakemen B.E. Bart and W.H. Harrison were assigned in turn-around service to the wayfreight operating daily from Stratford to Goderich and return to Stratford on Saturday, January 4, 1964. The wayfreight arrived at Goderich at 9:40 a.m. and departed at 2:15 p.m. for return to Stratford. While at Goderich Conductor Cooper and crew placed empty cars which had arrived in their train at the Sifto Salt Company plant for loading and picked up loaded cars at the same plant for movement on their train from Goderich. In addition to receiving full pay for the road trip, the Conductor submitted a claim for 8 hours’ pay at yard rates for each member of the crew under the provisions of articles 35 and 140 of the agreement, on the grounds that the switching performed at Goderich was yardmen’s work. The Company declined payment of these claims.

In addition, Yard Helpers E.C. Schuett and H.J. Lowe who were on the spare board at Stratford each claimed 8 hours’ pay at the yard helpers’ rate under article 140 of the agreement because trainmen had allegedly performed yardmen’s work at Goderich. The Company also declined payment of these claims.

There appeared on behalf of the Company (and others):

T. A. Johnstone – Assistant Vice-President, Labour Relations, Montreal

And on behalf of the Brotherhood (and others):

G. W. McDevitt – General Chairman, Toronto

From the facts described in the foregoing issue and for the reasons given in CROA 11, these claims and those similar to it, therein described, are disallowed: