PARTIES TO DISPUTE:

United Transportation Union
                                                                                                                     AWARD NO. 119
-and-                                                                                                            CASE NO. 119

Burlington Northern Santa Fe Railway

STATEMENT OF CLAIM:

FINDINGS:

This Public Law Board No. 5516 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.

We find that the trip at issue, the operation between Grand Forks and Galesburg, Illinois on Train H GFDGAL1 30A was not in "run-through service" within the meaning of these terms as used in Article XI of the 1985 UTU National Agreement. The train originated at Grand Forks, North Dakota and departed Grand Forks at 1604 hours on September 30, 2000. It operated via Dilworth, Minneapolis and Lacrosse to Galesburg, Illinois and arrived there at 2143 hours on October 1, 2000. The operation of this 71 car train was completed at Galesburg. The train, according to its designation "GF" (Grand Forks) and "GAL" (Galesburg) and its function, terminated at Galesburg. The cars, destined for a variety of destinations, including foreign line railroads, would be classified at this yard to continue to their proper destinations on various other trains. Seven cars on Train H GFDGAL1 30A were destined for the CSX and were distributed throughout the train when it arrived at Galesburg. Galesburg Yard is utilized to properly block incoming cars, and the seven CSX cars were thereafter classified or placed in a block and taken to the CSX via Chicago on Train H MODSEL9 30A departing Galesburg at 0320 hours on October 3, 2000. The two CSX locomotives, CSX 8671 and CSX 8209 from Train H GFDGAL1 30A had another CSX locomotive added to the head end of the locomotive consist at Galesburg and this consist was used on Train H MODSEL 29A (which had originated in Barstow, California on September 20, 2000), departing Galesburg at 0650 on October 2, 2000, operating in run-through service between Galesburg and Chicago with a BNSF crew, returning to CSX trackage near Chicago.

It is crystal clear from the plain meaning of the Agreement language of Article XI of the 1985 UTU National Agreement and the Awards cited by the Organization in its Submission that "run-through service" as used in Article XI is a reference to a train operation. We find that the CSX locomotive consist (made up of CSX locomotives CSX8671 and CSX8209) utilized on Train H GFDGAL1 30A was not in "run-through service" under the terms of Article XI of the 1985 UTU National Agreement when it operated exclusively over former BN territory for the entirety of the trip from Grand Forks, where the train originated, to its final destination, Galesburg, Illinois.

Signatures:
D. P. Twomey (Referee)
R. S. Karov (Carrier Member)
R. L. Marceau (Organization Member)

DATED: 22 May '01