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(Advance copy. The usual printed copies will be sent later.)
I1. ~1.'IONAL RAILROAD AD.IUSlrmdT BOARD Award
ado. 6464
SECOND DIVISION Docket ?do.
6247
2-BN-FW- * 73
the Second Division consisted of the regular members and in
addition Referee John J. McGovern when award was r,ndered.
( System Federation No.
7,
Railway Tloyes'
( Department, A. F. L. - C. 1. 0.
P^,rti~s to Di s-oute
: _ ` (Electrical
Workers)
( ' Burlington Northern, Inc.
D=soute: Claim of Fmnloyes:
1. That in violation of the current agreement, the carrier
:L-properly denied Electrician P.
0. Smith compensation
for
attending Ln vestigation held during regular wor'_hing hours
in the Master Mechanic's office at Cicero, Illinois on
March 25, 1971.
2. Thaw accordingly, the
carrier be
ordered to additionally
compensate the aforementioned Electrician
in
the amount of
eight
(8)
hours at time and one-half rate for March 25, 197'.'.
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,
Parties to said'dispute waived right of appearance at hearing thereon.
Claimant., as a witness, attended an investigation of another employe
charged by the Carrier with a violation of the Agreement. Said investigation was
conducted on the claimant's rest day. He demands compensation for eight
(8)
hours
and time and one half (lz) based principally on the provisions of rule 20 of the
Agreement which reads:
"Employees shall not be required to lose time from their regular
assignment because of
being
required to attend investigations or
report for physical examinations. So far as is possible, investigations
shall be conducted during regular
working
hours."
Since the employee in question did not lose any time from his regular
assignment, his attendance at the investigation having been on his rest day, we
can see no basis for the compensation requested. Neither rule 20 nor arty other
rule of the Agreement has been violated.
Form 1 Award No.
6$64.
Page 2 Docket
no. 62J -'
2-IN-Bi-' 73
We will derjy the claim.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTM MT HOARD
By Order of Second Division
Attest:
Execu zve ecre ary
Dated at Chicago, Illinois, this 30th day of April, 1.973.
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