PUBLIC LAW BOARD 5680

PARTIES TO DISPUTE:

United Transportation Union (C, E & T)            AWARD NO: 3
                                                  CASE NO: 3
             -and-

   Union Pacific Railroad Company

Claim of Conductor R P Christensen for $55 in addition to guarantee allowed on the First Half April 1993.

FINDINGS:

This Public Law Board 5680 finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.

On April 6, 1993, the Claimant, R. P. Christensen, submitted a timeslip for 61 miles account being first out on the Conductors Guaranteed Extra Board and not being called in turn. There is no dispute that he was not called in turn; and he was compensated one-half of a basic day, 61 miles, or $55 in accordance with UTU Rule 41(c).

Mr. Christensen was assigned to the Conductors Guaranteed Extra Board and is entitled to a semi-monthly guarantee in the amount of $2,154.46 for a total monthly guarantee of $4,308.92 in accordance with Article II, Section 2 of the Modified Crew Consist Agreement, dated December 19, 1991. For the first half of April 1993, he received a guarantee adjustment of $439.61. Upon receiving this extra board guarantee adjustment he discovered that the runaround payment for April 6, 1993 had been used to offset his guarantee earnings. It is the Organization's position that runaround payments made under the provisions of Schedule Rule 41(c) are penalty payments and are therefore paid in addition to the earnings received by the extra board employee. The Carrier disagrees, stating that a runaround payment is not a penalty claim; and the Carrier asserts that the Claimant did not suffer any loss of earnings.

The parties' December 19, 1991 Agreement permitting Conductor-only assignments states in part in Article II, Section 7 (a):

All earnings (excluding Productivity Fund Shares) received by an employe assigned to a Guaranteed Extra Board will be used in computing the employe's guarantee except as provided in Article I, Section 5(d). Time claim payments for periods of time when not assigned to a guaranteed extra board will be paid in addition to guarantee payments made to an employe. Penalty claim payments due employes assigned to a guaranteed extra board will be paid in addition to the earnings received as a Guaranteed Extra Board employe. Such computations will not include non-taxable income such as meal, lodging and personal auto mileage payments. (emphasis added).

We find that this "runaround" payment is a penalty claim payment within the purview of the language of Article II, Section 7(a) of the December 19, 1991 Agreement. We shall sustain the claim.-3-

AWARD
Claim sustained.

ORDER: The Carrier is required to comply with this award within thirty days.

David P. Twomey, Chairman and Neutral Member

G. A. Eickmann, Organization Member

A. Terry Olin, Carrier Member

DATED: June 16, 1995