Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8640
SECOND DIVISION Docket No.
8W4
2-SLSF-EW-'81
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
1. That the St. Louis-San Francisco Railway Company violated the current
agreement particularly Rule 1 when last half of July,
1978
pay period,
Electrician Ed Leach was docked
129.88.
2.
The claim to Electrician Ed Leach, account of walk around with O.S.H.A.
on company property for
129.88
plus 10% interest to be made whole for
time withheld by St. Louis-San Francisco Railway Company.
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 jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant, Mr. Leach, herein requests payment of wages on four separate days
because he accompanied an O.S.H.A. representative on a safety inspection tour of
the shop. The carrier refused to pay the claim for the reasons that Mr. Leach
was absent from his normal duties, was not working for them, and was not directed
by the carrier to perform the inspection.
The record reveals with respect to this claim that on July
25, 1978,
an
O.S.H.A. inspector requested a meeting with all shop craft local chairmen. The
meeting was arranged by the carrier and all participants were paid by the carrier
for that session since it asked the parties to attend. Following that session
Claimant accompanied the inspector on four separate days without further direction
from the carrier. The carrier points out that it did not direct Mr. Leach to
accompany the inspector, he was absent from his work assigned and therefore he is
not entitled to pay.
The organization seeks to prove that past practice lends validity to the
claim. In so doing it cites Rule
34
(H) which reads in pertinent part:
"Conferences between local officers and local committee to be
held during regular working hours without loss of time."
Form 1 Award
No. 864.8
Page
2
Docket No.
8464
2-SLSF-EW-181
In the case at bar the conferences were not between
local officers and _local
committee. The conferences were between
local
committee and an O.S.H.A. inspector.
The carrier's officers were not present at any time. Refusal to pay is not a
violation
of
Rule 34 (H) .
The Organization further contends that the carrier is attempting to handle
this one safety inspection differently from all others. It points out that carrier
representatives and union representatives have conducted many safety inspections
jointly without loss of time. It cites numerous exhibits which read essentially
as the one contained in the submission:
"Please be informed that in 1977 I was
requested by ... the
General Superintendent ... and an O.S.H.A. representative
to acconpany them on their inspection
of
the old paint shop
... I was paid by the carrier during the time spent with the
inspection."
The claims and exhibits tend to buttress the carrier's position. In all
instances the carrier officers were present and the letter explicitly states that
the participant was requested to attend. There is no evidence in the record that
a participant received
pay
under the conditions outlined in this claim. Past
practice supports the carrier's contention.
Additionally, the Organization maintains that the claim should be paid for
the reason that the O.S.H.A. inspect9r.informed them that he had been told it
would be paid. This Board's jurisdi6tion is constrained by the contractual
relatimohip between the parties and there is no evidence in the record that
the relationship provides for duty authorization from a source outside the carrier.
Based on the foregoing and the entire record we find that Claimant was not
directed or accompanied by carrier officials during the inspections under
consideration. There is simply no contractual basis upon which we can direct the
carrier to make payment award.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
~c ~.~c-
4emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of March,
1981.