Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7+07
SECOND DIVISION Docket No. 7301
2-MKT-EW-'77
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No._
8,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Missouri-Kansas-Texas Railroad Company
Dispute: Claim of Employes:
1. As per the following schedule, the Missouri-Kansas-Texas Railroad
Company failed to properly compensate monthly rated Division
Linemen R. G. Minor, J. E. Forbes and J. H. Griffith for work
performed in excess of eight
(8)
hours per day:
Claimant Day Date Excess Hours
R. G. Minor Tuesday 10-7-75 2
R. G. Minor Wednesday 10-8-75 2
R. G. Minor Thursday 1019-75 2
R. G. Minor Friday 10-10-75 1
J. E. Forbes Tuesday 10-7-75 2
J. E. Forbes Wednesday 10-8-75
J. E. Forbes Thursday 10-9-75 2
J. E. Forbes Friday 10-10-75 1
J. H. Griffith Monday 10-6-75 1
J. H. Griffith Tuesday 10-7-75 2
J. H. Griffith Wednesday 10-8-75 2
J. H. Griffith Thursday 10-9-75 2
J. H. Griffith Friday 10-10-75 1
J. H. Griffith Monday 10-13-75 1
J. H. Griffith Tuesday 10-14-75 2
J. H. Griffith Wednesday 10-15-7$ 2
2. For these violations, the Missouri-Kansas-Texas Railroad Company
be ordered to compensate Linemen R. G. Minor, J. E. Forbes and
J. H. Griffith, respectively, for the excess hours worked at
the time and one-half rate of pay.
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 invnlved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 1934-
Form 1 Award No.
7+07
Page 2 Docket No.
7301
2-MKT-EW-'77
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 are monthly rated Division Linemen. As stated in the claim,
these employes worked beyond eight hours for one or two hours a day on
various dates between October
7, 1975
and October
15, 1975.
The work
involved the clearing of brush in connection with the Carrier's necessary
rehabilitation and reconstruction mock on the right of way between Temple
and Taylor, Texas, in anticipation of initial Amtrak operation over that
portion of track on October
26, 1975.
The applicable portion of the collective bargaining agreement between
the parties, quoted and referred to at length during the processing of the
claim is Article V, which reads in part:
"MONTHLY RATED EMPLOYES
(a) Division Linemen, Equipment Installers, and Telephone and
Telegraph Shop Mechanics, will be paid on a monthly basis.
These employes will be subject to call for work at arty time,
but will not be required to work on sixth day or holidays, or
more than eight
(8)
hours in any twenty-four
(24)
hoax period,
except in an emergency.
These employes will be paid their regular monthly rate to cover
all time, whether working, waiting, or traveling except work
performed on their assigned rest day. Such employes shall be
assigned one regular rest day per week, Sunday if possible.
Rules applicable to other employes of the same craft of class
shall. apply to service on such assigned rest day."
The basic employe position can be m·marized as follows:
(1) Claim of. failure of the Carrier to "properly compensate" for work
performed in excess of eight hours per day.
(2) Claim for such pay at the rate of time and one-half.
The Agreement makes clear that monthly rated employes receive their
"regular monthly rate to cover all time, whether working, waiting or
traveling except mock performed on their assigned rest day" (Sunday, -which
is not involved here). There is a further restriction, however; namely,
these employes, while "subject to call for work at arty time", "will not
be required to work on sixth day or holidays, or more than eight
(8)
hours in any twenty-four (24) hour period, except in an emergency".
Form 1
Page 3
Award No. 7+07
Docket No. 7301
2 _NKI' _EW_ r
77
Thus, the rule is crystal clear that no additional compensation is
due if employes are directed to work more than eight hours per day in an
ewer enc (and the monthly overall specified total of hours is not
exceeded . _
Was the clearing of brush by Division Linemen against an early deadline
for Amtrak operation an emergency? The Carrier claims it was, indicating
that all available personnel were pressed into service to complete the
Carrier's work on schedule. The Organization claims that there was no
emergency, in that the portion of the work assigned to the Division Linemen
was completed well in advance of the deadline.
The Board finds that the Carrier exercised rational judgment in
determining that an "emergency" existed and that it could therefore turn
to its Division Linemen, and others, to "pitch in".
The word "emergency" is not further defined in the Agreement. In the
absence of such definition, many previous awards have provided wane specific
meaning. For the Board's purpose here, the definition found in the
American Heritage Dictionary of the English Language is sufficient: "A
situation or occurrence of a serious nature, developing suddenly and
unexpectedly, and demanding immediate action." Clearing brush (in itself)
may not be of a serious nature, but in the context of the entire-operation,
the Board finds no fault with the Carrier's definition of an emergency,
given the important deadline it was required to meet.
Under this concludion, it is apparent that no additional pay is
due to the Claimants, since the Agreement makes them available -- within
their regular monthly rate -- beyond eight hours a day "in an emergency".
Since the Board finds that the work in question was of an emergency
nature, there is no necessity to comment on work beyond eight hours a day
in a non-emergency situation.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Boy
olsemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of December, 1977.
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