Foam 1
Parties to Dispute:
Dispute: Claim of Employes:
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee James F. Sceaxce when award was rendered.
Award No.
7859
Docket No.
7679
2-CaNw-CM-'
79
System Federation No.
76,
Railway Employes'
Department, A. F. of L. - C. I. 0. _
(Carmen)
Chicago and North Western Transportation Company
1. Carmen M. Peterson, J. Gulbranson, P. Johnson, E. Schadegg and
K. Oestxieck, Minneapolis, Minnesota, were denied compensatien
for the period of
12:
00 PToon to
12: 30
P. Ni, while they were away
from home station on emergency road. work; the amount of one-half
hours pay at straight time rate fox the following days:
M. Peterson
J. Gulb ranson
P. Johnson
E. Schadegg
K. Oestrieck
Findings:
January
26, 27, 28
and Febraary 1,
1977
January
26, 27, 28
and February 1,
1977
January
29, 177
February 1,
177
February 1,
1977
That the Chicago and North Western Transportation Company be
ordered to compensate Ca,rmen M. Peterson, J. Gulbranson, P.
Johnson, E. Schadegg and K. Oest rieck for one-half hours pay at
straight time rate for the above identafa ed dates, and that the
Chicago and North Western Transportation Company,, in the future
discontinue its .practice of depriving caxrnen of compensation for
meal periods while away from horse point on emergency road work.
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, 1931+.
This Division of the Adjustment Board has jurisdiction over the dislratEs
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Form 1 Award No.
7859
Page 2 Docket No.
7679
2-c&NW-CM-
'79
Claimants were regularly assigned to the Rip Track facility of the
Carrier at East Minneapolis, Minnesota, at the time of events germane to
this case. On the daces in the claim, they were sent away from this facility
to perform work on the line of road or other facilities. They returned to their
home facility .prior to the end of the shift on each such date. The record
will indicate that all claimants were afforded the opportunity to observe
their lunch period 12:00 noon to 12:30 P.m.,, each day of the claim.
Organization contends that the literal and unambiguous language of Article
10 supports the claimants demand for ,pay for the thirty-minute lunch period;
the Carrier clai.rns to the contrary.
"ARTICLE 10 -- EPJ~RGEIVCY ROAD WORK
An employe regularly assigned to work at a shop, enginehouse, repair track or inspection point; when called for
eriexgency road work away from such shop, enginehouse,
repair track or inspection point, will be .paid from the
time ordered. to leave home station, until his return for
all time worked ,_n accordance with practice at home station
and will be .paid straight-time rates for traveling or
waiting, except rest days and holidays, which trill be
paid for at the rate of time and one-half.
If, during the time on the road a man :is relieved from
duty and permitted to go to bed for five or more hours,
such relief time will not be ,paid for, provided that in
no case shall he be paid for a total of less than eight
hours each 2alendar day, when such irregular services
.prevents the employe from, making his re~ralar daily hours
at home station =where meals and lodging are not provided
by the railway company, actual necessary expenses will
be allowed.
Employes will be called as nearly as .possible one
hour before leaving time, and on their return will deliver
tools at ,points designated.
If required to leave home station during overtime
hours they
well
be allowed one hour preparatory time
at straight-time rate.
Wrecking service employes will. be paid under this
rule, except that all time working, waiting or
traveling on week days after the recognized straighttime hours at home station and a11. time v?orkine, waiting
or traveling on rest days and holidays will be mid
for at rate of time and one-half."
Form 1
Page 3
Award
NO-7859
Docket No.
7679
2-C&Nw-Cry- · 79
The identical case has been argued and disposed of before by the
Board in Award
178+.
And, while the Carrier may choose to argue that it
did not deal with the issue or. point, the fact is tha..tAward
4495
reiterated
the precise rationale expressed in 178?+. 47e find no other preferred Awards
on this .point, and while the Carrier raises several ,persuasive argument,
otherwise, we do not find sufficient justification to upset such prior
conclusions based upon the record presented and argued on the property.
A G7 A R D
Claims sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUST11,1ENP BOARD
By Order of Second Division
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Dated at Ci.cago, Illinois, this 28th day of February,
179.