Parties to Dispute: ( (Carmen)


                      (

                      ( Seaboard Coast Line Railroad Company


        Dispute: Claim of Employes:


              1. That the Seaboard Coast Line Railroad Company violated terms of the controlling Agreement by their failure to pay the TiazrJ_et, IT. C . wrecker crew from the time they were placed on duty on October 1!3 and 21, 1976, and Dece:Mber 7, 1976.


              2. That accordingly, the Seaboard. Coast Line Railroad Company be ordered to pay Carmen Harry Wheeler and W. A. Lewis one (1) hour at straight tune rate, and one (1) hour at overtime rate; J. PM. Mercer and R. W, Bishops three (3) hours at straight time rate; and H. P. Pence and L. 'N. Meacham, two (2) hours straight time rate; and B. C. Lambent one (1) hour straight time and fifteen (:1.5) minutes overtime rate; and 11. T. Phifer one (1) hour at straight time Carmen's rate.


        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 e_.~-nployes involved in this dispute are respectively carrier and emplo a within the meaning of the Railway Labor Act as approved June 21, 1g3~.


_ This Division of the Adjustment Board has jurisdiction over the dispute
        involved herein.


            Parties to said dispute waived right of appearance at hearing thereon.


        We are called upon to apply the following rules to the two situations described hereunder:


            Rule 5


              "(e) Employees will be allowed time and one-half on minute basis for services performed contin=uously in advance of the regular working period with a minimum of one (1) hour, the advance period to be not more than one (1) hour."

Form 1 Award No. 7957
 Page 2 Docket No. 7805
 2-scz-CM- '79
 Rule 8

        "(a) An employee regularly assigned at a shop, engine house, repair track, or inspection point, when called for emergency road service away from such. shop, engine house, repair track, or inspection point, will be paid from the tune called to leave home station, until his return for a11, service rendered in accordance with the practice at home station, and will be paid straight time rate for straight time hours and overtime rates for overtime hours for a,11 time waiting or traveling.


        (b) If during the time on the road, a man i s relieved from duty and perzn:i_tted to go to bed for five (5) or more hours, such relief will not be paid for; -

                                pravided that in no case

        shall he be paid for a total of less than eight (8) hours

        each calendar day, taken such irregular service prevents the.

        employee from :nr'_W ng his regular daily hour-, at hone station.

        When meals and lodging; are not providedLby by railroad actual

        necessary expenses will be allowed. When an employee is

        regizired to go to shops for tools or naterial before leaving

        home station lie ~;·riL1 be paid .For the tune necessary to covey.-

        such service.


        (c) wrec~--in.g Service enmlo;,rees will be paid in accordance with this rule."


Situation No. 1. At 4: 50 A.M., Monday, October 18, 1976, a wrecker crew was placed on duty and proceeded frcen Haraet, N.C. to a derailment at Wise, N.C.,, about 125 miles away, The wrecker and cars were tied up that same day at isorlina, T?.C., some three miles distant, for rest.

    Claimants t assigned hours at Harn7_et were `j: 30 A.M. to 3: 30 P.M.


At 7:20 A.M. on Tuesday, October 19, 1976, the wrecker proceeded from Norlina to Vise. On Thursday, October 21, 1976, the wrecker left horlina at 7:15 A.M. On both days, the wrecker crew v7as not officially placed on duty until 7:30 A.M.

 Claims were filed for ZO and 15 minutes, respectively, at the overtime rate, for those wreck crew members fox whom the days involved were rest days, and one hoax at straight time for those claimants regularly assigned to work on those days. The claims rely on Rule 5(e) on the ground that it involved work "performed continuously in advance of the regular working period".

 Situation No. 2. On 1·'onday, December 6, 1_976, the Hazns.et wrecker and crew were sent/ to a dera:ilraent at Rose Hill, N.C.,, some 100 miles distant_ The crew was given a rest period that night.
 Form 1 Award No. 7957
 Page 3 Docket No. 7805
 2-scL-CM-' 79

 On Tuesday, December 7, the train crew started switching the wrecker train at 6: 40 A.M. and completed switching at 6:55 P.M. The wrecker crew was placed on duty at 7:30 A.M.

 Claims were filed for 50 minutes at the overtime rate for those claimants for whom Tuesday was a rest day and one hour at straight time for the others.

 The Organization's position is that Rule 8(a) states that wrecking service exr_p7_oyees -mill be paid from the tune called to leave ho::le station, until they return, for all service rendered in accordance with the home station practice, for all tire vaitirzg or t:°aveling. Tine claim :i s that while the crew was paid for travel tine from Vise to Norlina., it was not paid for traveling from Horlina. to Wise -after the rest period.

 Petitioner considers the dispute as one involving a matter of principle, inaszmj-ch as the distance between Norlina and Wise ira.s only 3 miles. But it construes I~?1e 8 as providing ps,^ ent to z-nreclker cre~as for all time waiting or traveling; the crew did travel- from TTorlina, to T^;ise; hence, it should have been paid for such time,

 Petitioner also asserts that the wrecker crew's rest ended Sinen the train crew started switching and that the wrecker crew eras on waiting time from that time on until the work of pich-T.nup the derailment actually began. Accordingly, it holds that the claim does not rest on Rule 8(b), since the rest period was over when the train crew moved tire wrecker from its place of rest at '-5,Torlina to Wise.

 Carrier's position is that l;u1e 5(e) refers to "services performed continuously in advance of the regular working period but that no services were perfoz7ned by the wrecker crew during the time the trrecker was being switched from T~Torlina to Wise, before the crew's regular 7:30 A.M. starting time.

 Carrier also argues that Pule 8 merely provides pay for time waiting, or traveling from time called to leave home station until arrival at scene of derailment and return, and that szri aching of a wrecker train at a derailment site is not travel within the meaning of Rule 8,

 Moreover, Carrier insists that the Agreement does not prohibit moving, wrecking equipylent at scene of derailment nor does it provide that the crew is to be placed on duty if moved during their rest period.

 Carrier also challenges Petitioner's assertion that because the crew was paid while travelin~g from Vise to I\Torlina, because the track at Wise could. not satisfactorily accomusociate the -vrrecker, paynent should also apply to the reverse movenent. The reason, according to Carrier, is that the crew was relieved from duty Linder the provisions of Rule 8(b); v-as not under pay; and did not go on duty until 7:30 A.M. In brief, Carrier insists the men were on their rest period when the wrecker started for Wise.
 Fogy 1 Award No. 7957
 page 1+ Docket No. 7805
 2-SCZ-CM-'79

 Carrier contends Second Division Award 11+61 is applicable. In that case, a wrecker and crew were sent to a deraiLnrient, worked for some time, and then were released for rest in the bunk cars of the wrecking outfit. During the crew's zest per:i_nd, the bunk cars mere moved a distance of 6.2 miles becwu:;e of track conditions arid then zno'sred back to the derailment scene. The claim was made that the switching zrovement was traveling and waiting time within. the meaning of a, Rule 9(e), a rule virtually identical to Ita1e 8(a) cited supra, except that the rule involved in At~rwr d 1461 used the terms "work" and
 t~-'~Zne worked", whereas Rule 8(a) uses the terms "service" and "service rendered". Carrier in that case contended that the, controlh_nJ a,reement provision was Rutle g(b ) which is :in all r::aterials respects similar to Rule 8(b ) quoted supra.
    The Board in A-ward 1LI-61 stated:


        "The record shows that claimants ;ere released for rest from 1:20 A.M. to 7:00 A.M.., a perv_od of five hour s and forty minutes. shat they occupied the bunk, cars daring this period is nut disputed by the record. The travalirzg time covered by Rule 9(e) :is that period of ti.r.ie occu~pied in going to the scene of the wreck from the ezrrployes ` hone station and the period of time us:d in returning to hazne station from the scene of the wreck upon the conaple-tion of the work. The mare fact that conditions required -that the bmnlh cars be moved while occupied by cla.i:n,nts during a rest period does not bring them within Rule 9(e). The facts meet all the requirenents of Hale 9('b). The five hours and forty minutes here involved is a relief period within the purview of Rule 9(b ) and for which compensation does not accrue under the plain previsions of that rule. The interpretation sought bar the claimants is a strained one that is not within the contemplation of the rule."


Petitioner seeks to distinguish the fact situation covered in Award J_46l from the instant case by pointing out that in Award 11E61 there was no dispute that members of the wrecker crew were on their rest perz.od during the time their car was being switched. In the case before us, however, Petitioner denies that claimants were on their rest period; insists that the switching and movement of the train in effect ended the rest period and marked the start of waiting or travel time for which compensation is due under Rule 8(a).

 Notwithstanding Petitioner's contention, we are of the opinion that the ruling in Award 11;-61 is applicable to the present case. The facts and rules cited therein are, in general, identical with the instant case. We agree with the conclusion reached :W that case and, accor dimly, will deny the claim.
 Form l
 Page 5

 Claim denied.

 Attest: Executive Secretary
        National Railroad Adjustment Board.


Award No. 7957

Docket No. 7805

2-sCZ-CM-'79


A W A R D

NATIONAL RAThROA.D ADJUSTR F' i`E BOARD

By Order of Second Division


Y ~___________
 cr-~`I'o warie Bzasch - I1CL'Tl.'1.Y17.S1:rat1.'Ve Assistant

 Dated t Chicago, Zl:Lino9.s, this lath day of June, 1.79,