Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7556
SECOND DIVISION Docket No.
7444
2-MP-EW-'78
The Second Division consisted of the regular members and in
addition Referee Arthur T. Van Wart when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Rules 1
Section 1 (a), 2 (a),
3
(a) and
4-
(a), (d) and (g) of the June 1,
1960
controlling agreement on September
30, 1975
when they
instructed Telephone Maintainer J. E. Brown to work in excess of
his eight
(8)
assigned hours to perform work on equipment owned
and leased from Bell Telephone Company at North Little Rock,
Arkansas.
2. That accordingly, the Missouri Pacific Railroad Company compensate
Telephone Maintainer J. E. Brown two and seven tenths hours
(2.7') at the punitive rate for September
30, 1975.
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 jurisdition over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was employed as a monthly rated telephone maintainer in
Carrier's Communications Department on September
30, 1975.
He was called
out at 9:00 p.m. by the Superintendent of Signals and Communications to
correct a problem causing the Chief Dispatcher's telephone to be inoperative.
Claimant's tests disclosed the problem to be in a rotary switch located in
the Bell Telephone Company's equipment, owned and maintained by Bell
Company. Said switch was stuck in an open position preventing a disconnection
from the last call. Claimant corrected the problem by simply rotating said
switch with his fingers to a closed position.
Form 1
Page
2
Award No.
7556
Docket No.
744-4
2-MP-EW-'78
Claimant filed claim for two and seven-tenths hours
(2.7)
account
't
repairing trouble in Bell Telephone equipment after regular day". Such
claim was denied.
Claimant, as a monthly rated employee, comes under the specific
provisions of Rule
107(c)
which provides:
"(Western and Southern Districts only.) Telephone
maintainers will be paid a monthly rate to cover all
services rendered except as hereinafter provided.
They will be assigned one regular rest day per week,
Sunday if possible. Rules applicable to the
classification of electrician shall apply to service
for monthly rate telephone maintainers on their
assigned rest day. Ordinary maintenance of construction work not heretofore required on Sunday will not
b e required on the sixth day of the work week. The
straight time hourly rate for such employees shall be
determined by dividing the monthly rate by
x-208-2/3
hours. Further wage adjustments, so long as monthly
rates remain in effect, shall. be made on the basis of
x-208-2/3
hours per month. Except as specifically
provided in this paragraph (c), the rules applicable
to monthly rated telephone maintainers prior to
September 1,
1949,
shall continue without change."
-Changed to
212-1/3
hours on January 1,
1973,
and to
213
hours on January 1,
1976.
The instant claim is essentially similar to that in Docket
7443
resulting in
this Division Award
7555.
We hold., as there, that claimant was properly paid for
all services rendered because the phrase in Rule
107(c)
"a71 services
rendered" has been interpreted, both by the parties and this Division to
have included overtime. Consequently, this claim will also be denied.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
1__~ot
emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of June,
1978.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division