(Advance copy. The usual printed copies will be sent later.)
m 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6357
SECOND DIVISION Docket No: 6145
2-CMStP&P-CM-'?2
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
( System Federation No. 76, Railway Employes'
( Department, A. F. of L. - . C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Emploves:
1. That the current Agreement was violated when the Carrier failed to
properly compensate members of the Savanna, Illinois Wrecking
Crew .for hours from 12:00 midnight to 5:00 A.M.., March 21, 1970.
2. That accordingly the Carrier be ordered to additionally compensate
the following members of the Savanna Wrecking Crew:
C. L. Robertson - Wrecking Engineer
J. F. Carr - Carman
R. D. Mann - Carman
A. R. Vetrisek - Carman
L. 1. Bauer - . Ca rman
in the amount of five (5) hours at one-half (1/2) time of the
prevailing rate, plus G% interest per annum commencing with the
date of the violation.urtil disposition of the claim. This
amount represents the difference between the time and one-half
rate they were paid and the double time rate they should have
received.
Findings:
The Second Division of the r;djustment Board, upon the whole record and
all the evidence, finds Carat:
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.
Parties to said dispute waived right of appearance at hearing thereon.-
Form 1 Award No. 6357
Page 2 Docket
No. 6145
2-CMStP&P-CM-'72
The facts stated briefly disclose that employes commenced work as carmen
as scheduled at their regular station at Savanna.Illinois, at 7:30 A.M.., except
one who reported at 8 A.M. At 8 A.M. they were transported to a wreck site-where
they arrived at 1 P.M. They then worked continuously until
6:30
A.M. the next
morning, after which they were returned to Savanna.
Rule
8
and Rule 10 of the agreement are involved. In addition., the Organi-_.
2ation claims the right to
6%o
interest citing Third Division Award No. 16632 and
action of the National Labor Relations Board in which the courts have approved awards
of interest.
As to interest, we have discussed very recently
in
Award No: - ~. (Docket
No. 6138)
the distinction between the powers granted by Congress to the National Labor
Relations Board to fashion appropriate remedies and the function of this Board to
limit its findings to the Agreements and Rules negotiated by the parties. There is
no agreement between the parties to award interest.
Consideration has been given to Second Division Awards:. No.2030
which
denied the claim on the strict construction of an agreement which provided pay for
tine worked on a rest day, but the Board excluded time spent in waiting or traveling;
Award No.
2251
which denied
the claim for pay while conferring with the carrier's
attorney on a rest day to prepare for a court trial because a Rule of the Agreement.
provided compensation only for loss of earnings while attending court and made no
provision for time spent where there was no loss of earnings; Award No.
3484
which
denied the claim for overtime pay under a call in rule for time spent after bul-
letined hours in an investigation conducted by the carrier because. it was not work.
as required by the Rule; Award No.
3955
which denied the claim of .a monthly paid
employe for compensation for a stand-by day as time worked since
work
was not per
formed and work that was performed during the normal eight hour period was paid
under the monthly pay agreement; Award No.
4660
which sustained a claim for time
spent by a crane operator climbing and descending a ladder to a.crane at the begin
ning and end of his assignment and at lunch time because it was defined as work;
Award No.
5840
which denied compensation for all. time consumed as a wrecking crew,
because a rule specifically excluded relief time during which work was not performed:-
Rule 88
of the Agreement requires that pay will be as set forth iri,Rule ;
10. Rule 10 in (a) states the method for computing pay and in (d) refers
to Rule
8
(h) for
payment of
double tire for actual work performed. The Carrier's Submis
sion p.p. 5, 6,,-
sets forth the computation used for payment in this case
for
waiting:
and traveling time and for actual work performed. Reference is made to Third,Divi-,:sion Award No.
16611
and to Second Division Award No.
3987
to support the meaning 'of'
-
"actual work performed".
The Carrier's computation is correct but fails to account
for
the one-half
hour spent in actual work by the carmen who reported at
7:30
A.M, on March 20. The
Form 1 Award No. 6357
age 3
Docket No.
6145
2-CMStP&P- CM-'72
claimants, except for one %rho reported at 8 A.M., would be entitled to receive onehalf hour pad at double time.
A W A R D
Claim is disposed of in accordance with the above Findings.
NATIONAL RAILROAD
ADTUS24ENT
BOARD
By Order of Second Division
Attest: 45f
Za- Z-ze~
Dated at Chicago, Illinois this 14th day of July, 1972.
t