Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8gOf
SECOND DIVISION Docket No. 8936
' 2-MC-EW-182
The Second Division consisted of the regular members and in
addition Referee Gilbert H. Vernon when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Maine Central Railroad Company
Dispute: Claim of Employee:
1. That the Maine Central Railroad Company violated the current Agreement
by failing to compensate Electrician Paul P. Vance at the double time
rate for his service rendered during the entire eight
(8)
hours on
Sunday, February 25, 1979. 2. That accordingly, the Maine Central Railroad Company be ordered to
compensate Electrician Paul P. Vance the difference between pay
received at the pro-rata rate and what he should have received at the
double time rate ($36.02).
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The aerrier or carriers and the employe or employee involved in this dispute
are respectively carrier and employe within the meaning of the Railway Labor Act
as approved June 21, 193+.
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 Claimant's normal working assignment is from 7:00 a.m. to 3:00 P.m.,
Monday through Friday, with Saturdays and Sundays as rest days. The Claimant"s
point of employment is Bangor, Maine. On Sunday, February 25, 1979, the Claimant
was called to do road repairs on Engine 261 at Costigan and reported at 12:15 a.m.
Upon his return-to Bangor at 7:00 8.m., February 25, he was again called to go to
Calais to perform road repairs on Engine 581 and he subsequently returned to
Bangor at 3:30 P.m.
The claim essentially contends that for the second call (the one to Calais)
the Claimant should be paid double time. The dispute involves the interpretation
and application of the following portion of the December
4,
1969 National Agreement
which states in pertinent part:
·'"All agreements, rules, interpretations and practices, however
established, are amended to provide that service performed by
a regular assigned hourly or daily rated employee on the
second rest day of his assignment shall be paid at double the
basic straight time rate provided he has worked all the hours
1
F orm 1 Award No. 890
Page 2 Docket No. 8936
2-MC-EW-182
of his assignment in that work week and has worked on the first
rest day of his work week, except that emergency work paid for
under the call rubs will not be counted as qualifying service
under this rule, nor will it be paid for under the provisions
thereof."
The critical issue in this case is whether wither period of overtime worked
by the Claimant was "emergency work paid for under the call rules". If it is
found that it was emergency work, the claim clearly must be denied. The
pertinent contract provision is clear that any service performed in connection
with emergency work will not count as qualifying the employee for double time
on second rest day.
The Carrier claims that doubly ties should not be paid for the period of
?:00 a.m. to
3:30
P.m. because in both instances the work was emergency in nature
and therefore sloes not qualify under the rule .for double time pay. The work
in'
question, it is asserted, was in fact emergency work performed under Rule
7
which
reads as follows:
"Rule
7
- PAY FOR WRECKING OR EMERGENCY ROAD SERVICE
(a) Employes regularly assigned work at shop, engine house
regain track or inspection point, when called for emergency road
work away from such shop, engine house, repair track or inspection
point, will be paid from the time ordered to leave home station
until return, for all service (subject to the exceptions which
follow in accordance with the practice at home station."
The Carrier, in support of this assertion, made the following statement in their
submission as to the nature of the emergency work performed by the Claimant:
"All work performed by Claimant was on disabled locomotives on
trains stalled en route, tying up the main line, which
is
clearly
'emergency
road
work' under Rule
7
quoted above."
e
The Organization argues that the employee was not performing emergency work.
It is their contention that the work performed by the Claimant was work regularly
performed by him at the locations in question. They contend that the Carrier has
failed to present any evidence that an emergency existed. In connection with the
Carrier's statement that the work was done in cont#ection with stalled locomotives
A~rb
route, the Organization entered an objection in the record that such a
r:&ta:nont was new evidence never before presented on the property.
In reviewing the record, we find there is sufficient evidence to conclude
;:hat the work performed by the Claimant on his first rest day was emergency road
;:...rl~ and therefore does not count toward. qualifying for double time for the work
lie performed on his second rest day. In ponnection:with the Organization's
v:a.~;FLS:tion about new evidence, the Board agrees that the precise wording of the
::~.ste.-ront node by the Carrier in their submission regarding the nature of the
~- .~.°gereop cannot be found in the record. tiowever, after a thorough reading of
y: ~,rrespondence, it can be conclusively inferred-from the Carrier's statements
. ':hey did assort on the property that an emergency did in fact exist. The
Form 1 Award No.
8905
Page
3
Docket No.
8936
2-NC-EW-182
evidence as to whether there was an emergency is much more than a mere assertion
as suggested by the organization. Farther the term "emergency" should be given a
more broad meaning than is !3uggested by the Organization. We do not agree with
the Organisation that Rule ;~ ~ limits the meaning of the term "emergency" with the
examples therein used and w·. find thitt the term "emergency" should be given its
ordinary meaning. Moreover, the cormespondence makes it clear that both
locomotives were experiencing problems on the line of road which required
immediate attention. The work performed was not routine as suggested by the
Organization. Clearly the situation falls within the normal definition of the
word "emergency" as adopted by this Board in previous cases. Further, work
performed by the Claimant was clearly "road work" and this also strongly suggests
that it is covered by Rule 7 and thus exempt from double time pay provisions.
In summary, .t is the finding of' the 71,oard that the claim must be denied
because the work performed on the first rest day was emergency work paid under
Rule
7
which, by the express provisions of the December
4, 1969
Agreement,
exempts t?*:~Ga:cies from pey'iqg double time an the second rest 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 ·M
__ tr ;
o marie Brasch - Administrative Assistant
Dated ~t Chicago, Illinois, this 10th day of February,
1982.