The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
SYSTEM FEDERATION NO. 41, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. 1. O. (Electrical Workers)
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Southern Region)
DISPUTE: CLAIM OF EMPLOYES: 1. That the Chesapeake and Ohio Railway Company violated the current agreement, particularly Rules 7 and 9, when they instructed and required Crane operators to climb ladder on overhead Crane before the starting time of the regularly assigned shift and at lunch period before the lunch period expired. Russell Car Shops, Russell, Kentucky.
2. That accordingly the Chesapeake and Ohio Railway Company be ordered to additionally compensate the following Crane operators, E. E. Killen, W. T. Wade, H. L. Nunnally, J. D. Vance, W. E. Adkins, L. R. Bear, C. C. Harr, W. P. Nichols, Jr., G. G. Crum, D. E. Crawford, S. W. Templeton, R. D. Hale, E. R. Marshall, L. E. Mullins and R. E. Adkins, one hour (1) in advance of their starting time of their regularly assigned shift and thirty (30) minutes lunch period at the Crane operators applicable straight time rate of pay February 8, 1963, each day five days each week subsequent to February 8, 1963, until such continuing violation is corrected.
EMPLOYES' STATEMENT OF FACTS: The Chesapeake and Ohio Railway Company, hereinafter referred to as the carrier, owns and operates a car repair shop at Russell, Kentucky, known as the Russell Car Shops, at which it employes a number of crane operators which includes the aforementioned named Crane operators, hereinafter referred to as the claimants.
On February 8, 1963, the carrier ordered the claimants to begin work in advance of their regular starting time and also to take less than their assigned thirty minute lunch period by beginning Nv ork in advance of the assigned lunch period. The carrier, however, refused to additionally compensate the claimants for this service.
Claim was filed and progressed on the property in accordance with the agreement rules with all carrier officers authorized to handle grievances with the result that all of them declined to adjust it.
This case shows again that Rules 7(d) and 9(a) here under consideration axe intended to cover service only, and not the travel which is incident to getting to the point of employment. Also significant is the fact that the claim was denied even though the practice was changed, whereas in the instant case the carrier merely re-issued instructions requiring the employes to conform to what has always been required of them and all other employes.
What the employes are seeking in this claim is a new application of old rules which have never been applied or understood in the manner they are urging the Board to endorse. The changes which the claim attempts to secure cannot be had by erroneously construing the clear language of the rules, but must be acquired through the procedures of Section 6 of the Railway Labor Act.
FINDINGS: The Second Divisoin 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.
This claim is that Carrier "violated the current agreement, particularly Rules 7 and 9, when they instructed and required Crane operators to climb ladder on overhead Crane before the starting time of the regularly assigned shift and at lunch period before the lunch period expired."
What constitutes work was indicated by this Division in Award 3955, when it said:
Certainly the climbing and descending of ladders to overhead cranes involves physical exertion, and not mere waiting to start work.
It necessarily follows that under Rule 7(d) each claimant should be compensated in the amount of one hour per day for each day that he performed the service of climbing the ladder to his crane in accordance with instructions before his starting time; and that under Rule 9(a) each claimant should also be compensated in the amount of thirty minutes per day for each day that he worked by climbing or descending the ladder to his crane in accordance with instructions during his lunch period.