Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7370
SECOND DIVISION Docket No. 7222
2-IC G-EW-'77
The Second Division consisted of the regular members and in
addition Referee Abraham Weirs when award was rendered.
( System Federation No.
99,
Railway Employer'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical workers)
_
..._
(
( Illinois Central Gulf Railroad Company
Dis te: Claim of Employer:
1. That the Carrier violated the current agreement when they refused
to pay Communication Workers Robert W. Walker and John R. Veal
for service performed on their rest day, Sunday, November 10,
197+.
2. That, accordingly, the Carrier be ordered to pay Robert W. Walker
and John R. Veal for the fourteen
(l4)
hours service they performed
on their rest day at the time and one-hall' rate of pay.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox 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 claim is fox compensation for time spent traveling from Chicago on
Sunday, the claimants' rest day, to a 5-day training session in Memphis,
Tenn. for the purpose of learning to maintain Servo Hot Box Detectors.
Claimants who are monthly rated Telephone P:Taintainers, were paid meals and
lodging .for their rest day, but not compensation fox the travel time on such
zest day. They were also paid a day's pay for each day of training.
The claimants traveled on the Sunday in question in a company car, which
had been loaded prior to the end of their shift on the previous Friday with.
various training materials to be used at the training school. En route to
Memphis, they picked up another employee at E. St. Louis. Ill., who -was
also attending the same classes. During the trip, they had a flat tire,
which had to be repaired. The trip took about 14 hours.
Form 1 Award No.
7370
Pale
2
Docket No.
7222
2-ICG-Erg-'
77
The claimants axe the two employees based in Chicago; the record does
not show any claim was filed by the employee based in E. St. Louis.
The issues before this Board are: (1) whether traveling to attend
instruction classes is "service" as contemplated by the rules cited below;
and (2) whether the claimants performed service on their rest day when they
transported training materials in the company car provided fox their travel
from Chicago to Memphis, where the training classes were held.
Carrier denied the claim on the basis that the claimants did no craft
work that Sunday.
Petitioner cites the following rules as the basis for the claim of
compensation at the time and one-half rate for this work:
"OVERTIME,, REGULARLY ASSIGNED ROAD WORK, MONTHLY BASIS.
Rule
17.
Employees regularly assigned to perform road
work and paid on a monthly basis, shall have their work
week reduced one day per week and the hours comprehended in
their monthly rates reduced by
8
hours per week or
34 2/3
hour per month.
The monthly rates payable to such employees shall be the
rates in effect August 31,
1949,
reduced by
$2.43
per month.
The monthly salary is arrived at by dividing the total
earnings of 25+0 hours by 12; except as hereafter provided,
no overtime is allowed fox tune worked in excess of eight
(8)
hours per day; on the other hand, no time is to b e
deducted unless the employee lays off of his own accord.
The straight time hourly rate of such monthly rated
employees shall be determined by dividing the monthly
rate by 211 2/3 hours.
Such employees shall be assigned one regular rest day
per week, Sunday, if possible. Overtime rules applicable
to other employees of the same craft or class shall apply
to service on such assigned rest day.
Where employees, prior to September 1,
19+9
had a bulletined
or assigned rest day, conditions applicable to such
bulletined or assigned rest day shall hereafter apply to
the sixth day of the -Aurk week and on holidays. Where
employees, prior to September 1,
1949,
did not have a
bulletined or assigned rest day, ordinary maintenance
or construction work not heretofore required on Sundays
or holidays will not be required on the sixth day of the
work week or on holidays.
Form 1 Award No. 7370
Page 3 Docket No. 7222
2-ICG-EW-177
"The regularly assigned road men under the provisions of
this rule may be used, when at home point, to perform
work in connection with the work of their regular
assignment.
Where meals and lodging are not furnished by the railroad,
or when the service requirements make the purchase of meals
and lodging necessary while away from home point,
employees will be paid necessary expenses.
If it is found that this rule does not produce adequate
compensation fox certain of these positions, by reason of
the occupant thereof being required to work excessive
hours, the salary for these positions may be taken up for
adjustment."
"Rule 10.B. Service rendered by an employee on his
assigned rest day, or days, will be paid for under
applicable call rules."
"OVERTIME'r
"Rule
4.
For continuous service after regular working
hours, employees will be paid time and one-half on the
actual minute basis with a minimum of one (1) hour for
any such service performed."
"Rule
7.
Men called back to work after leaving the
company premises will be paid time and one-half. for
every hour worked, ...."
"Rule
8.
Employees will be allowed time and one-half
on minute basis for services performed continuously in
advance of the regular working period, with a minimum
of one (1) hour."
Petitioner also claimed that the Carrier violated Rule 12 EMERGENCY
SERVICE - ROAD WORK FOR MEN =LOYED, which states, in part:
"Rule 12. Employees sent out on the line of road to fill
vacancies or to perform any other work shall be allowed
time as follows:
A. WHILE WORKING:
Straight time during regular vnrking hours.
Form 1 Award No. 7370
Page
4
Docket No. 7222
2-ICG-EW-r77
"Overtime during overtime working hours as provided by this
schedule.
B. WHILE TRAVELING:
Straight time from time of scheduled departure of train at
headquarters, to time of arrival at the point to which he
is ordered.
If employed at a point other than headquarters, straight
time from time of scheduled departure of train at point
employed, to time of arrival at the point to which he is
ordered ...."
Claimants maintain that their regular assignment is to do work on the
road, involving travel and pick-up and delivery of materials for the
Carrier. The work done on that Sunday was regular work. The Telephone
Maintainers bulletin requires applicants to have a license to operate a
high-day vehicle.
Both claimants assert they were "ordered" or "instructed" to attend
the training sessions by their supervisors and that they were told to travel
on Sunday. One of the claimants states that he was told by his supervisor
that he would be paid overtime (employee Exhibits
Pfs,
N).
As to whether the employees were ordered or volunteered, the Electrical
Workers' General Chairman wrote to the Carrier: "The employees obviously
'volunteered' rather than be insubordinate when they were instructed to
attend classes ...."
The Carrier's position is that training school attendance is not
mandatory; that the claimants were offered training and accepted, and
therefore have no claim to pay (citing Third Division Award 17791 (Q,uinn)).
Further, the argument runs, compensation under the Agreement is due only
for service which falls under the categories of work listed in the
Classification of Work Rules for that craft. Travel does not constitute
"service". The transport or training materials was incidental to the
trip and does not constitute performing service. The employee-claimants
performed no services in their craft for the Carrier on the Sunday in
question. Rules 12 and 17, cited by Petitioner, are, therefore, not
applicable, since they do not provide compensation for travel under arty
circumstances -- only for services rendered or if required to work. Rule
12 deals with emergency road work and is not applicable to employees
traveling to and attending classes. Second Division Award No.
626+
(Shapiro) is cited in support.
Form 1 Award No. 7370
Page
5
Docket No. 7222
2-ICG-EW-'77
The training materials transported were loaded and unloaded in the
company car during working hours. Their transport cannot be construed
as "service."
The carrier also stated that 20 employees have traveled to attend
training classes, without filing claims.
Petitioner, Carrier, and Labor and Carrier members have cited numerous
awards. The Referee has caref'zl7~y examined the Awards referred to him but
finds they axe not applicable to the present case; they do not deal with the
precise issue in the same context as before us in this instant case.
Absent specific provision ox rule in the relevant Agreement, there is
established precedent that attending classes does not constitute "work"
or "service" as these terms are used in the rules invoked. Hence, they do
not give rise to a valid claim for payment under the applicable rules of
the Agreement. The principle ox rationale underlying these Board decisions
denying compensation is that attendance at training classes, and travel
incident to such attendance, is primarily for the employees' benefit, to
enable them to keep themselves qualified to perform the duties of their
job.
There is no requirement in the Agreement between the parties that
travel time is to be considered service or working time for purposes of
compensation. Previous decisions by this Board have denied claims for
compensation for attending classes, which attendance required travel to
another city. See Second Division Award No. 026+ (Shapiro); Third Division.
No.
10073
(Webster),
11567
(Sempliner), 1+181 (Dolnick), 1+182 (Dolnick).
In Award No.
36,
Public Law Board No.
1`790,
the Board denied a claim for
reimbursement for the expenses plus mileage incurred by the claimant
traveling to and from the designated point set by the Carrier for a Book
of Rules class.
It is true that in the case before us the claimants were required to
travel a long distance, for a long period of time, on their rest day.
But this is not determinative. (Third Division Award 1427 (Stone)).
While it is also true that the carrier's auto used for such travel carried
materials for use in the training classes, such transport was incidental
to the travel to attend the training sessions.
This Board has strictly limited authority. We cannot make or amend
a rule. Our function is to interpret the applicable Agreement provisions
as they were drafted by the parties. We are bound by the terms and
provisions of the _=agreement before us.
In the absence of a specific rule, we must deny the claim.
Form 1
Page
6
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 7370
Docket No. 7222
2-ICG-EW-'77
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
arie-Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of October, 1977.