NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Adolph E. Wenke when award was rendered.
SYSTEM FEDERATION NO. 105, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Electrical Workers)
DISPUTE: CLAIM OF EMPLOYES: That Electricians J. W. Ratliff and Carl A. Calvert are each entitled to be additionally compensated at the time and one-half rate in lieu of straight payment rate for time waiting and traveling on Sunday, March 18, 1945, under the current agreement, and that accordingly the carrier be ordered to so compensate these employes.
EMPLOYES' STATEMENT OF FACTS: Electricians J. W. Ratliff and Carl A. Calvert, hereinafter referred to as the claimants, are employed as such by the carrier in the engineering department, Eastern Division, which extends from Ogden, Utah, east to Omaha and Kansas City, with regular assigned hours from 8:00 A. M. to 4:30 P. M., with 30 minutes for lunch. Their headquarters or home point is Omaha, from where they are assigned to various points to perform electrical workers' work, and that they do not return to home point daily. They are compensated on the hourly basis, and are regularly assigned to work six days per week, with Sunday off as a rest day.
On Sunday morning, March 18, 1945, J. W. Ratliff worked from 8:00 A. M. to 11:30 A. M. at Abilene, Kansas, replacing electrical fixtures in freight office. He then traveled to Salina, Kansas, by bus, arriving there at 12 :00 noon. He worked from 1:00 P. M. to 3:30 P. M. at Salina, making electrical repairs to power-wiring and installing a light in water softener plant. He then returned to Abilene on local passenger train No. 70 and left Abilene at 6:30 P. M. on passenger train No. 24, arriving in Kansas City at 12:00 midnight of the same day. He claimed 7 hours working time and 7 hours traveling time, or a total of 14 hours at time and one-half, or compensation for 21 hours. This claim was declined by the carrier on the grounds that time and one-half for travel time on Sundays was not applicable to the claimant.
On Sunday morning, March 18, 1945, Carl A. Calvert left Kansas City by bus at 7:30 A. M. for Marysville, Kansas, where he spent the day making repairs to fluorescent lights in depot, dispatcher's office and store department. He returned to Kansas City by bus in the evening of the same day, leaving Marysville at 9:00 P. M. and arriving in Kansas City at 12:00 midnight. He claimed 10 hours working time and 3 hours traveling time, or a total of 13 hours at time and one-half, or compensation for 191/2
This is substantially Rule 14 as presently contained in the agreement effective November 1, 1934.
It is, therefore, the view of the company, that under the facts and applicable rules, this claim must be denied.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Claimants' assignments and work performed bring them within the provisions of Rule 14 of the parties' agreement. Claimants having been paid pursuant to the provisions thereof, the claim must be denied.