The Second Division consisted of the regular members and in
addition Referee Edward F. Carter when the award was rendered.
SYSTEM FEDERATION NO. 105 RAILWAY EMPLOYES'
DEPARTMENT A. F. of L. (Electrical Workers)
EMPLOYES' STATEMENT OF FACTS: R. D. Loch, hereinafter referred to as the claimant, is employed as equipmentman with headquarters at Cheyenne, Wyoming. His duties are to install, repair, and maintain communication equipment on the First District of Union Pacific System. His tour of duty is monthly.
On July 1, 1954, while claimant was working at Kansas City he received orders from his supervisor, R. H. Brennaman, to report at Ogden, Utah at 8:01 A. M. Tuesday, July 6, for work at that point. A copy of this order is submitted as Exhibit A.
After finishing the job at Kansas City, claimant reported back to his headquarters for the week-end of Saturday, July 3, his standby day, and Sunday, July 4, his rest day.
Monday, July 5, 1954, was the day observed as being Independence Day, due to the fact that July 4, 1954, fell on Sunday. In order to comply with the order given him, claimant boarded train No. 23 at Cheyenne at 7:45 P. M., July 5, 1954, for Ogden. Claimant filed his tie-up at the telegraph office at Cheyenne, notifying his supervisors that he was boarding train No. 23. This tie-up is submitted as Exhibit B.
It is clear that the parties in that agreement recognized a definite distinction between "working" and "traveling", and the benefits of that provision were not made applicable to equipmentmen or other employes who are compensated on a monthly basis under Rule 6.
The contracting parties in the agreement of February 9, 1951, recognized a distinction between "travel" and "work", but agreed to allow compensation for "traveling" only to the particular employes, and under the particular circumstances designated. When, a little over two months later on April 17, 1951, these same parties revised Rule 6, the rule which controls the compensation of this claimant, they did not include a similar specific provision for "traveling", but continued to restrict allowances for additional compensation for such monthly salaried employes to cases where the employe was "required to work" on a holiday.
The fact that the parties specifically recognized the distinction between "working" and "traveling" in the agreement of February 9, 1951, and then, having recognized that distinction, agreed in revising Rule 6 that monthly salaried employes would be only entitled to additional compensation for holidays if required "to work", indicates conclusively that it was not the intent of the parties to allow any additional compensation to monthly salaried employes who merely "traveled" on a holiday.
Equipmentman Loch was not required "to work" on July 5, 1954, and, accordingly, the claim for an additional four hours at pro rata rate for that date is without merit.
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.
Claimant is a Telegraph Department Equipmentman with headquarters at Cheyenne, Wyoming. While working at Kansas City, Missouri, on Friday, July 2, 1954, he was instructed to report for work at Ogden, Utah, at 8:00 A. ., Tuesday, July 6, 1954. He spent July 3, 4, and 5, at Cheyenne and left that point by train for Ogden on the evening of Monday, July 5, 1954, a holiday. He was required to travel from 7:45 P. M., July 5, 1954 to 7:30 A. M., July 6, 1954, in order to report on duty as directed. He claims four hours' additional pay in addition to his monthly rate under Rule 6, which in part states:
Equipment men are monthly rated on the basis of 313 eight hour days per year and no overtime is allowed for time worked in excess of eight hours per day on the assigned days of the week. Sundays are rest days and work on such days is paid for under rest day rules. Work on holidays is paid for additionally as stated in the quoted portion of Rule 6. The question is whether traveling on a holiday is work within the meaning of the rule. 2120--6 63