(Advance copy. Tha usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD
ADJUSTMENT
BOARD Award No.
640'r .
SECOND DMS ION Docket No.
6248
2-CofG-CM-'72
The Second Divisicn consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
( System Federation No.
21,
Railway Lr_ployes'
( Department, A. F. of L. - C. I. G.
Parties to Dispute: ( (Carmen)
( Central of Georgia Railroad Company
Dispute: Claim of Employes:
1. That under the current Agreement Carman E. E. Cali:oun of Columbus, Georgia,
was wrongly paid from 10:30 P.M. Wednesday, August
26, 1970 until 9:30
P.M. Thursday, August
27, 1970. .
2. That accordingly, the Carrier be ordered to pay Carman Calhoun double time
from 10:30 P.M., August
26, 1970,
until 8:00 Am., August
27, 1970.
Difference between straijht time and double time from 8:00 A.M.,,, until 4:00 P.m..,
August 27, 1970,
and Difference between overtime and double time from
4:OG
P.M, until 9:30 P.M.., August
27, 1970.
Plus six
(6%)
per cent interest
per annum commencing with date of this claim, October 21,
1970.
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 disputeare 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 were given due notice of hearing thereon.
Claimant alleges that the Carrier left a small portion of work at a derailment
undone and relieved the crew in order to avoid the payment of double time. Rule 10
states:
"An employe regularly assigned at a shop, engine house, repair
track, or inspection poin_t_,_ when called for emergency road service away
from such shop, engine house, repair track or inspection point, will be
paid from the time called to leave home station, until his return for all
service rendered in accordance with the practice at home station, and will,
be paid straight time rate for overtime hours for all time waiting or
traveling.
Form 1
Award No.
640?
Page 2 Docket No.
6248 )
.. .`__-CofG-CM-' 72 .
If during the time on the road, not including waiting or traveling
periods, a man is relieved from duty and permitted to go to bed for
five
(5),or
more hours, such relieved periods will.not be paid for; provided that in no case shall he be paid for a total of less than eight
(8)
hours each calendar day, when such irregular service prevents the employe
from making his regular daily hours at home station. Where meals and
lodging are not provided by railroad, actual necessary expenses will be
allowed. Employes will be called as nearly as possible one hour before
leaving time, and on their return will deliver tools at point designated.
Wrecking service employes will be paid in accordance with this rule."
Petitioner claims
that there was less than one hour's work left to make the cars ready
for transporting to home point
when the
crew was relieved and that therefore the crew
should be- construed to be on waiting time and hence exempt from the
provisions
of
Rule 10 (second paragraph), that is, the claimant should be paid gn
a
continuing basis.
The
record indicates that Claimant and other members of the crew returned to work
at-8:00'A.M, on August:27th_after the relief period, and worked for more than three
hours on the wrecked-cars. Subsequently.,-after some difficulty and a waiting period,
they
were
returned to their home base at
9:30
P.M. that
night.
The facts do not
support the"contention..that there was only a small amount of work
left at
the scene
of the derailment at the time that the crew was relieved. '
In Second Division Award No.
4963
we said "The Carrier has the right to._._ .
schedule its wor% in the interest of economy and efficiency except as prevented
or limited by statute or agreement". In this case we find that
the
Carrier
exercised
its normal perogatiles in
determining how much
work was
to
be
done
and when it was
to be done; it also met its concamitant responsibility
in
compensating its employees
in accordance
with the Agreement.
AWARD
...
Claim denied:
`" . _.
NATIONAL RAILROAD ADJUSTMEPIT BOARD
. By Order
of Second Division
Attest:` . ~,~;.~ _ ` . _
Executive Secretary
Dated at
Chicago;
1119-nois, this 21st day of November, 1972:
No 01