(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award Rio. 64~23
SECOND DIVISION Docket No.
62't3
2-MtP&P-CSI-' 73 ' .
The Second Division consisted of the regular members and in
addition
Referee Irving R. Shapiro when award was rendered.
( System Federation No. T6, Railway Employee'
Department. A. F. of L. - C. I. 0.
Parties to Dispute: (Carmen)
Chicago. Milwaukee. St. Paul and Pacific Railroad Caape*,
Dispute: Claim of Employee: .
1. That the Carrier violated the Current Agreement, Rules "10" and
"8" when it failed to properly compensate the following named
Carmen on January 17, 1971 when they were called for wrecking
service in excess of one (1) hour before their regular
starting
time. T. R. F7aherty, R, M. Belson., C. A. Wacks. W. Peterson,.
Wm. Sigerseth, and R. L. Darsie.
2. That accordingly the Carrier be ordered to compensate the above
named Carmen for five (5) hours at the prevailing straight time
rate for January 1T, 1971
in addition
to compensation already
received.
,findings:
The Second Division of the Adjustment Hoard, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employee involved in this dispute are respectively carrier and employs 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,
Claimants, Carmen regularly assigned to Carrier's St. Paul, Minnesota
wrecking crew, were called out at 6:15 A.M., Sunday, January 17, 1971 for emergency road service on a derailment which had occurred at Rosemont, Minnesota.
Upon completion of work at that location, they were assigned to emergency work
on a derailment in Carrier's St. Paul Yards. They completed the emergency
assignments and returned to their home station at 2:45 A.M., Monday, January 18,
1971. They were paid time and one-half their hourly rate of pay for all hours
involved. Sunday was a bulletined rest day for all the claimants and their regular starting time on regular days is 7:30 A.M.
Petitioner, in behalf of the claimants, seeks compensation for claimants
-or the one hour and fifteen minutes between 6:15 A.M. and 7:30 A.M., January. 17, i
1971 at the rate and manner provided for in Rules 8 (f) and (g) of the controlling
I
i
1
Form 1
Page 2
agreement which read:
"RULE 8 - OVERTIME OUTSIDE BULLETINED HOURS
(f) Employes relieved for the day, then called or
required to return to work, will be granted five
(5) hours' pay at straight time rate for three hours
and twenty minutes' (3'20") work or less and shall
be required to do only such work as called for.
(g) Employes will be allowed time and one-half
on the minute basis for service performed continuously in advance of the regular working period
with a minimum of one (1) hour's pay at the
straight time rate, the advance period to be not
more than one (1) hour."
Petitioner, citing phrases in Rule 10 (a) of the Agreement which
read : "... An employe ... called for emergency road service .., will be
paid from the time ordered to leave home station ... in accordance with the
practice at the home station . .", alleges that this claim is based upon
carrier's practice at claimants' home station. It asserts that in denying a
claim in November, 1970, carrier set forth that claimants' starting time. for
their regular shifts was applicable to work performed by them on their rest
days for purposes of computing overtime compensation pursuant to Rule 8 (h) of
the Agreement, reaffirming a practice which warrants invoking Rule 8 (g) for
work performed by the claimants prior to 7:30 A.M. on January 17, 1971.
Carrier submits that it compensated the claimants more than it was
contractually required to by the terms of the controlling agreement, the
applicable provisions reading:
"RULE 88 - WRECKING CREWS
(a) Wrecking crews, including wrecking derrick
operators, and firemen, when needed, shall be
composed of regularly assigned qualified carmen
when available, and will be paid as per Rule 10.
Acrd No. 6+23
Docket
loo. 6273 ~
2-CMStP8aP-CM-' ~~
RULE 10 -EMERGENCY ROAD SERVICE
(a) An employe regularly assigned to work at a shop,
enginehouse, repair track or inspection point, when
called for emergency road service away from such shop,
enginehouse, repair track or inspection point, will
be paid from the time ordered to leave home station
until his return for all time worked in accordance
with the practice at home station and will be paid
straight time rate for time waiting or traveling
during straight time hours at home station and time
and one-half rate far time waiting or traveling during overtime hours.
Form 1
Page 3
Award No.
6423
Docket No. 6273
2-CMStP&P-CM-'73
(c) If required
to
leave home station during
overtime hours, they will be allowed one (1)
hour preparatory time at straight time rate.
(d) Double bane payments as per Rule 8 (h)
will be paid only for actual work performed.
(e) Wrecking service employes will be paid
under this rule."
Carrier further averred that the claim of November
1970,
was founded
on Rule 8 (h) which specifically calls for relating to an employes' regular
starting time. Except when factors referred to in that rule arise, emergency
road service work is to be paid for only as required in Rule 10.
The cited Rules of the controlling agreement are clear and definitive. They indicate the-circumstances and conditions when they will be
applicable. We find nothing in the record herein to sustain Petitioner's
invocation of Rules 8 (f) and (g) for purposes of computing claimants' compensation for work performed on January 17, 1971.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
9E K&~
y'
Executive Secretary
Dated at Chicago, Illinois this
3rd
day of January,
1s73-