The Second Division consisted of the regular members and in
addition Referee Mortimer Stone when the award was rendered.
SYSTEM FEDERATION NO. 105, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (ELECTRICAL WORKERS)
DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement Districtman L. E. Dixon was improperly ordered to go out of his assigned territory and help an Equipmentman on February 10th, 11th, and 12th, 1953.
EMPLOYES' STATEMENT OF FACTS: Each districtman working in the telegraph department of the Union Pacific Railroad, bid and are assigned a definite territory with headquarters at a station within that district. L. E. Dixon, hereinafter referred to as the claimant, is employed as districtman with headquarters at Montpelier, Idaho.
On February 10, 1953, the claimant received a wire from G. H. Prohaska, supervisor of lines, to drive to Pocatello, Idaho-off his assigned territoryand assist Mr. J. C. Howell, equipmentman, on Work Order No. 3783, which consisted of installing recorder equipment at the yard office. The claimant reported as ordered and worked with Mr. Howell for three days, February 10, 11, and 12, 1953.
The dispute was handled with carrier officials designated to handle such affairs, who all declined to settle the matter.
The agreement effective August 1, 1943, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is submitted that the carrier violated Rule 26, which reads as following:
That rule, which provides for the monthly compensation to be received by districtmen, makes no provision for any additional compensation, at either straight or overtime rate, for the performance of such service. Thus, since Dixon was, and is, compensated on the basis of a monthly salary under the provisions of Rule 6, there would, in any case, be no basis for the allowance of the additional compensation claimed herein.
There is no contractual basis for the claim presented herein. It is requested that it 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.
Pay is claimed for Districtman Dixon because of being required to go out of his assigned territory to help an equipmentman.
Claimant received wire to "drive to Pocatello this A. M. assist Howell Recorder installation yard office. next few days." Pocatello was on adjoining territory; Rodda its districtman, and Howell an equipmentman then in process of installing recorders there.
Claimant's work report states that during three days he spent a total of 18 hours there: "Install recorders assisting equipmentman." On that record the organization claims that Dixon assisted Equipmentman Howell rather than Districtman Rodda and thereby the rule was violated.
Telegrams and work reports are not so carefully worded as are negotiated rules and we think the claim must depend on the work actually done and the purpose of requiring claimant to do it rather than on verbal distinctions. Claimant has the burden of showing infringement. No statement by any participant is in the record, but it is shown that Rodda was not well, having had a serious case of flu; that there was certain work, such as placing wire in a trench and backfilling, which was normally and properly required of a districtman in connection with recorder installation; that Rodda had 1935-7 260