Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8867
SECOND DIVISION Docket No. 8894
2-NOPB-CM-182
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( New Orleans Public Belt Railroad Company
Dispute: Claim of Employes:
1. That the New Orleans Public Belt Railroad violated the controlling
agreement, particularly Rules 18A and 7, when they arbitrarily refused
to compensate Carman M. J. Prattini when he missed working his regular
shift and meal period -m June 11, 1979, account appearing as Court
witness for Carrier on that date:
2. That accordingly, the New Grleans Public Belt Railroad be ordered to
compensate Carman Prattini in the amount of six and one-half hours
(6-1/2) at punitive rate and thirty (30) minutes meal period June 11,
1979.
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's regular work schedule is 3 p.m. to 11 p.m. On June 11, 1979 he
was directed by the Carrier to appear as a witness in court for the Carrier. He
was present for such court appearance from approximately 9 a.m. to 4:30 p.m. He
did not report for his regular shift that day and, under the circumstances, was
not expected to do so. He claims pay at the punitive rate for the remaining hours
of his normal shift, including meal period, citing Rules 18 A and Rule 7, which
read as follows:
"RULE 18A
ATTENDING COURT OR INVESTIGATIONS
When attending court as witness for the company, employees
will be reimbursed for reasonable expenses and paid eight
(8) hours each day or part thereof, including Sundays and
holidays, for such court service. When necessary the company
Form 1 Award No. $$[7
Page 2 Docket No. 8894
2-NOPB-CM-182 ~,,
will furnish transportation and will be entitled to
certificates for witness fees in all cases.
When employees are required to report outside of their
regular bulletin hours to act as witnesses for the company
in investigations, they shall be paid as per Rule 7."
"RULE 7
OVERTIME OUTSIDE BULLETINED HOURS
1. For service rendered immediately following and continuous
with the regular work day hours, employee will be paid time
and one-half on the actual minute basis with a minimum of one
(1) hour for any such service performed.
2. Employees shall not be required to render service for
more than two (2) hours immediately following and continuous
with regular work day hours without being permitted to go to
meals. Time taken for meals will not terminate the continuous
service period and will be paid for up to thirty (30) minutes
....
rr
Rule 18A consists of two parts, as indicated by its heading "ATTENDING COURT
_OR INVESTIGATION" (Emphasis added). Claimant was paid properly under the first
paragraph of the rule, receiving eight hours' pay for his service in court
appearance and not being required to render regular service thereafter. -
The second paragraph of Rule 18A refers to "investigations", which is patently
different from "attending court as witness for the company". The provisions of
the second paragraph are not applicable to the circumstance here. By appearing
in court (and being paid eight hours) the Claimant received full pay for the
scheduled day.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
<_ - - ~ ~ _ _,
By _
semarie Brasch - Administrative Assistant
Date7at Chicago, Illinois, this 13th day of January, 1982.