The Second Division consisted of the regular members and in
addition Referee Harold M. Gilden when award was rendered.
SYSTEM FEDERATION No. 76, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L. - C. 1. O. (Electrical Workers)
CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD COMPANY
EMPLOYES' STATEMENT OF FACTS: Special Linemen R. L. Process and T. F. Kehoe, hereinafter referred to as the claimants, are employed in the Communication Department of the Chicago, Milwaukee, St. Paul and Pacific Railroad, hereinafter referred to as the carrier. Their positions are permanent in the Milwaukee Shops located in the city of Milwaukee, Wisconsin. The claimants are paid on an hourly basis with assigned hours from 7:30 A. M. to 4:00 P. M. with one half hour off for lunch between 11:30 A. M. and 12:00 noon. Work week is from Monday through Friday. Prior to February 12th, and March 19th, 1968, the claimants, in the order named above, were instructed to board Train No. 1 at Milwaukee, Wisconsin and travel to Minneapolis, Minnesota, and upon arrival report to the relay office in the Minneapolis Railroad Depot. Work hours to be from 8:00 A. M. to 4:30 P. M. with one half hour off for lunch beginning at 12:00 noon.
The claimants were provided with transportation and berths from Milwaukee, Wisconsin to Minneapolis, Minnesota on the aforementioned dates, but were denied compensation for traveling time from 12:00 midnight to 8:00 A. M. the next morning. Train No. 1 arrives at Milwaukee, Wisconsin at 11:59 P. M. and departs from Milwaukee at 12:14 A. M., arriving at Minneapolis at 8:00 A. M. Claimant Kehoe elected to drive to the city of his
In accordance with the second paragraph of the aforequoted rule, time periods of five or more hours when an employe, who is on the road, is relieved from duty and permitted to go to bed "will not be paid for,". Nothing could be clearer. It cannot be argued that the claimants were not "on the road" for the very minute the wheels of the 12:14 A. M. passenger train commenced moving, each claimant was literally "on the road."
It cannot be argued that the claimants had not been released from duty for prior to boarding train No. 1 each was considered as being on duty entitled to and paid " * * * one (1) hour preparatory time at straight=time rate," as prescribed in the fourth paragraph of the aforequoted rule.
It cannot be argued that each was not "permitted to go to bed for five (5) or more hours," as each was furnished sleeping accommodations aboard the train.
In view thereof, there can be no question but that the carrier's actions in the instant case, i.e., not paying the time each claimant was "relieved from duty and permitted to go to bed for five (5) or more hours,", were in accordance witch the aforequoted second paragraph of Rule 26.
It is now and has been throughout the handling of this dispute on the property, the carrier's position that there is absolutely no basis for the instant claim as it is utterly lacking in schedule rule and/or agreement support and it is respectfuly requested that the claim be denied in its entirety.
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.
The phrase, "such relief time will not be paid for", pulls the rug from under the notion that the 5 hour provision, referred to in the second paragraph of Rule 26, merely denotes the minimum rest period to be afforded employes engaged in emergency travel to and away from home on-duty point, anal does not serve to prevent payment for such travel time. To countenance that in-