Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
787
SECOND DIVISION Docket No. 7226
2-S00-CM-'79
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No.
7,
Railway Employes'
( Department, A. F. of L. - C. I. 0 '
Parties to Dispute:
( (Carmen)
(
( Soo Line Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement the carrier violated Rule
10-5,
improperly relieving the following regularly assigned wrecking
crew members on the following dates and times:
Adam Ziegler February 1 8:00 p.m. to 12:00 a.m.
4
hrs.
February 2 12:00 a.m. to 8:00 a.m. 8 hrs.
February 2 8:00 p.m. to 12:00 a.m.
4
hrs.
February
3
12:00 a.m. to 8:00 a.m. 8 hrs.
February
5
12:00 a.m. to 8:00 a.m. 8 hrs.
Total 32 hxs.
Ernest Hanson February 2 12:00 a.m. to 8:00 a.m. 8 hrs.
February 2 8:00 p.m. to 12:00 a.m.
4
hrs.
February
3
12:00 a.m. to 8:00 a.m. 8 hrs.
February
5
12:00 a.m. to 8:00 a.m. 8 hrs.
Total 2U -hrs.
George Hoffman February 1 8:00 p.m. to 12:00 a.m.
4
hrs.
February 2 12:00 a.m. to 8:00 p.m. 8 hrs.
February 2 8:00 p.m. to 12:00 a.m.
4 hrs.
February
3
12:00 a.m. to 8:00 a.m. 8 hrs.
February
5
12:00 a.m. to 8:00 a.m.
8
hrs.
Total 32 hrs.
Harlan Bagman Febx^aaxy 1
9:30
P.M. to 12:00 a.m.
22
hxs.
February 2 12:00 a.m. to 6:00 a.m. 6 hrs.
February 2 10:00 p.m. to 12:00 a.m. 2 hxs.
February
3
12:00 a.m. to 6:00 a.m.
6
hxs.
February 5 12:00 a.m. to 6:00 a.m.
6
hrs.
Total 2Trs.
Jerry Erickson February 1 8:00 p.m. to 12:00 a.m.
4
hrs.
February 2 12:00 a.m. to 8:00 a.m. 8 hrs.
February 2 8:OO.a.m. to 12:00 a.m. 8 hrs.
February
3
12:00 a.m. to
8:00
a.m. 8 hrs.
February 5 12:00 a.m. to 8:00 a.m. 8 hrs.
Total 32 hrs.
Form 1 Award No. 78+7
Page 2 Docket No. 7226
2-S00-CM-'7
9
2. That accordingly, the Carrier be ordered to additionally compensate
the above-mentioned caxmen the above specified amounts of hours
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 ox 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.
On the
31st
of January and the 1st of February, 197+, the claimants,
carinen, who afire the regularly assigned members of the Harvey, North Dakota
Wrecking Crew, worked a wreck at Fairmont, North Dakota. The crew tied up
at Fairmont at 8:00 p.m. on the 1st of February after having completed work
on the wreck at that point. On the following moaning at about 8:00 a.m.,
the claimants departed from Faixmont fox Fullerton, North Dakota, where they
arrived the evening of the second and were put to rest at 8:00 p.m. until
8;00 a.m. the following moaning when they were put to work. The crew worked
until 8:00 p.m, when they were put to zest. The claimants worked from
8:00 a.m, on the 4th until midnight when the work at the wreck site was
completed and they were tied up for a zest. At 8:00 a.m. on the 5th hey
were transported to a wreck site at Kulm, North Dakota.
At issue is the time spent by claimants while being tied up after
completion of the work at the Fairmont and Fullerton sites and before departing fox the Fullerton and Ku1m sites respectively.
The particular rule in question is Rule Ten (10), particularly
paragraphs
3
and
5
which read as follows:
"3.
If, during the time on the road a man is relieved
from duty and permitted to go to bed five
(5)
or more
hours between the hours of 10:00 o'clock p.m. and
6:00 o'clock a.m., ox during his normal rest period, if
employed on other than first shift, such release will not
be paid fox, provided that, in no case, shall he be paid
for
a total of less than eight
(8)
hours each calendar
day, when such irregular service prevents the employee
from making his regular daily hours at the home station.
Form 1 Award
No.7847
Page
3
Docket No,
7226
2-S00-CM-'79
"5. Wrecking service employees -will be paid under this
Rule, except that all time working, waiting, or traveling
on zest days and holidays will be paid fox at date of time
and one-half, and all time working, waiting ox traveling,
on assigned work days after the recognized straight time
hours at home station will also be paid fox at rate of
time and one-half."
Ale the times that the claimants were put to zest from
8:00
in the
evening on the 1st of February to 8:00 in the moaning on the 2nd of February
and from 8:00 in the evening on the 2nd until 8:00 in the moaning on the
3rd and from 12:00 midnight on the 5th until 8:00 a.m. on the 5th waiting
time so as to be compensable under .paragraph
5
of Rule 10 or zest time under
paragraph 3 fox which no additional compensation is required?
It is the position of the carrier that the assignment was multiple in
nature and should be treated as a unit in considering whether the relief
periods were compensable as waiting time. The awards furnished support
both the position of the carrier and the organization on this .point.
Award 2791 states that "This division is of the opinion that the zest
provisions of the Rule were written in contemplation of a single protracted
assignment. The Rule would undoubtedly have been phrased differently if it
had been intended to permit sending a wrecking crew out on a yarigated
group of assignments." Award
4958
,reads in ,part, "However, the carrier
contends that this case differs in that the claimants still had a wrecking
service to perform before returning home, and that their active work had
therefore not been completed. But the travel and waiting time between two
wrecks is no different from that between a wreck and the home point. We
therefore conclude that the claim should be sustained,"
There axe several awards that hold that time spent resting after work has
been completed on a wreck is properly "waiting time". See Awards
x+931, 5172
and 6972. Award
6972
has certain dicta in it, however, that seems to
indicate that if a chew is truly in need of zest, a bona fide rest period
may be allowed.
The carrier's position that the assignment to work on multiple wrecks
is to be considered as a unit until work is completed is supported, among
others, by Award 1637 which .reads in part, "The terminal points of the road
emergency service covered by the Rule are the time of leaving and time of
,returning to the home .point." "The fact that emergency work may be done on
different pieces of equipment at different times is not a factor in determining the Rule." Award 6133 quotes Award
1637
with approval and further
states "The language of the Rule clearly implies that it was not intended
to exclude multiple tasks."
We find the reasoning of Award
6133
to be sound. There is nothing
in the agreement that limits the carrier in its assignment of a wrecking crew
Form 1
Page
4
Award No. 78+7
Docket No. 7226
2-S00-CM-'79
to the performance of service at a single location. The assigrnnent of a
wrecking crew to multiple tasks at various locations appears to be within
the prerogative of the carrier.
The issue to be decided then is whether the time the crew spent tied
up while on the assignment was, in facts relief time such as was required to
fit the crew to perform the balance of the assignment ox waiting time assigned
fox the convenience of the carrier's schedule. The zest assigned by the
carrier in the circumstances which gave rise to the instant case followed
either an entire day of work ox travel. We do not find that the assignment
of the zest time in this matter is unreasonable ox unwarranted when
considered in relation to the work and travel schedules. We note that the
employees have alleged that they were tied up by the carrier due to the
requirements of the Hours of Service Act. The organization has offered no
proof as to the relationship of the zest schedule and the requirements
imposed on the carrier due to the Hours of Service Act.
A W A R D
Claim denied.
NATTONAh RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
emaxi.e Bxasch - Adma.histxative Assistant
Dated 7t Chicago Illinois, this 21st day of February, 1979.