Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7316
SECOND DIVISION Docket No. 7166
2-PFE-CM-'77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( Railway Employes' Department
( A. F. of L. - C. I. 0.
Parties to Disoute: ( (Carmen)
(
( Pacific Fruit Express Company
Dispute: Claim of Employes:
1. That the Carrier violated the controlling Agreement when it deprived
Carmen Ruben W. Robles and Frank A. Orozco of wages for one and
one half (l 1/2) hours work by improperly altering their time
cards after the end of their work s,nift under date of April 25,
1975
2. That accordingly, the Carrier be ordered to compensate the Claimants
fox their wage loss as set forth in the original claim by the
Local Chairman, which is attached hereto as Exhibit "A".
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, 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimants, Carmen F. A. Orozco and R. W. Robles, are regularly
assigned as Carmen in the Carrier's Car Repair Shop at Tucson, Arizona.
Mr. Robles is the Chairman of the Local Protective Board and Mr. F. A.
Orozco was serving as Vice Chairman. On April 25, 1975, both Claimants were
assigned to the 7:00 A. M. to 3:30 P.M. shift, with a lunch period from 12:00
noon to 12:30 P.M. Both Claimants overstayed their normal lunch periods
described by Mr. Rubles in his letter of June 23, 1975 to the Superintendent
of the M and E Department:
"The reason. Mr. Orozco and myself were conducting Union
business on Friday April 25, 1975, was because Mr. S. A.
Boager who at the time was on sick leave could not
obtain the correct answers he was seeking pertaining to
fih.c: Hospital :lssocia:%ion from Chief Clerk, Mrs. B. J.
.,.
Form 1 Award No. 7316
Page 2 Docket No. 7166
._,rr'
2-PFE-CM-' 77
"Hollingsworth. She in fact had not contacted Mx. Boager
to ask him what plan he would prefer to enroll in. If
Mrs. Hollingsworth had been knowledgeable as to the the
way the Southern Pacific Employees Hospital Association
is to function, then Mr. Boager would not have contacted
Mr. Orozco or myself during our lunch period, and we would
not have continued our discussion about the Hospital
Association as long as we did."
The Claimants punched their time cards in and out in the usual manner and
such cards were turned in showing eight hours of service. The Carrier
changed the cards to reflect the time both Claimants had spent conducting
the above-described meeting and the Claimants were not .paid for that period
of time. The Organization contends before the Board that the action by the
Carrier was in violation of Rule 37(a), the current Agreement which states
in .pertinent part:
"No employe shall be disciplined or dismissed without a fair
hearing by a designated Officer of the Company."
The Organization contends that when the Carrier changed the time cards
causing the Claimants to receive pay for less than the hours shown on the
cards, that this was a matter of discipline. This Board disagrees.
The Organization under a slightly different facts situation may very
well have a point. However, in the instant case the Claimants admitted that
they were away from their assigned duties for the period in question. No
rule of the Agreement guarantees employees the right to eight hours pay
simply because they happen to .punch in at the start of a shift and punch
out at the end of the shift. The employees are paid an hourly rate as
set forth in Rule 47 for hours of service recognized in the Agreement. The
time cards are in the possession of the employees during the day. For the
Carrier to adjust for time admittedly spent away from assigned positions
at the point when the time cards are turned in to the Carrier at the end of
the day, cannot be considered as an act of discipline on the part of the
Carrier. Within these narrow admitted facts, if the Claimants desired to
contend that the time in question was compensable under Rule 36(d), the proper
.procedure to follow was to file a claim under the Grievance Procedure set
forth in Rule 36, .presenting proofs and arguments in support of such a
theory. This was not done, and we shall deny the claim.
A W A R D
Clai.n denied.
Form 1
Page 3
Award No.
7316
Docket No.
7166
2-PFE-CM-'77
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
- semarie Brasch
r-
Administrative Assistant
Dated at Chicago, Illinois, this 5th day of July,
1977.
,"O~