Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8773
SECOND DIVISION Docket No.
8714
2-SCL-CM-'81
The Second Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the controlling
agreement when they did not fully compensate Carman J. F. Thomas, Waycross,
Georgia, for three
(3)
hours pay at pro rata rate for time lost from work
due to jury duty on February
13, 1978.
2. That accordingly, the Carrier be ordered to compensate Carman J. F. Thomas
in the amount of three hours at the pro rata 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 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.
The Organization contends that Carrier violated the Agreement when it did not
compensate Claimant, J. F. Thomas, for three
(3)
hours of time lost on February
13,
1978
due to jury duty. Claimant regularly starts work at
7:00
a.m.; he was summoned
to appear as a juror on the above date at 10:00 a.m.
Carrier argues that one (1) hour and thirty
(30)
minutes traveling time would
be adequate for employes residing in the area where Claimant lived. Therefore,
Claimant was advised to report for work from
7:00
a.m. to
8:30
a.m. at which time
he would be released for jury duty. Carrier further reports that Claimant stated
that it would not be worthwhile to report from 7:00 a.m. to
8:30
a.m.
Claimant was granted permission not to report at 7:00 as he requested. However,
Claimant was told that he would be docked for the three
(3)
hours involved. The
Organization maintains that Carrier violated Article III - Jury Duty when Claimant
was not paid from 7:00 a.m. to 10:00 a.m.
Article III - Jury Duty reads in pertinent part:
Form 1 Award No. 8
Page 2 Docket No. 8
2-SCL-CM-'81
"When a regularly assigned employee is summoned for jury duty
and is required to lose time from his assignment as a result
thereof, he shall be paid for actual time lost with a maximum
of a basic day's pay at the straight time rate of this position
for each day lost less the amount allowed him for jury service
for each such day..."
It should be noted that another employe residing in the same general area as
Claimant also served as a juror at the same place and beginning time as Claimant.
Th7~s employe worked from 7:00 a.m. to 8:30 a.m. and was given one (1) hour and
thirty (30) minutes travel and preparatory time prior to reporting for jury duty
at 10:00 a.m.
Claimant was advised by his foreman to.do the same but he chose not to report
to work from 7:00 a.m. to 8:30 a.m. From the evidence presented, it is clear that
Claimant did not adhere to the instructions given him. However, even if Claimant
had reported to work from 7:00 a.m. to 8:30 a.m., as instructed, he would have been
granted the one (1) hour and thirty (30) minutes travel and preparatory time. For
this reason, Claimant, in this dispute, is still entitled to this one (1) hour and
thirty (30) minutes of travel and preparatory time and we do so find.
A W A R D
Claim sustained consistent with and to the extent of the Findings.
NATIONAL RAIIROAD ADJUSTMNT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
!~"6=r'_.." 'r
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 30th day of September, 1981.