Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9135
SECOND DIVISION Docket No. 9030
2-L&N-CM-'82
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United. States
Parties to Dispute: ( and Canada
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That Cayman Committeemen M. T. Robinson was improperly removed from the
Louisville and Nashville Railroad Companys payroll, "docked", while
attending a conference with Local Management on December 27, 1978, for
a period of two (2) hours.
2. Accordingly, the Louisville and Nashville Railroad Company should be
ordered to compensate Cayman M. T. Robinson that which he was "docked"
on December 27, 1978, or two (2) hours at the straight time 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 employes 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.
Claimant M. T. Robinson is a Cayman Committeeman on carrier's property in
Louisville, Kentucky. On December 27, 1978, he attended a meeting with local
Management and Union representatives. This meeting lasted approximately two
hours. Claimant was docked two hours pay for attending this meeting. The
organization alleges that Carrier violated the Agreement, specifically Rule 32(b)
and Rule 36, when it failed to compensate him for time spent at the conference.
Carrier contends that these rules were not violated and refuses to pay the twohour claim. Rules 32 (b) and
36
read as follows:
"RUrE 32
Grievances
32(b). All conferences between local officials and local
committees will be held during regular working hours without
loss of time to committeemen or employes represented."
Form 1 Award No. 9135
Page 2 Docket No. 9030
2-L&N-CM-'82
"RULE 36
Committees
36. The Company will not discriminate against any committeemen
who are delegated to represent other employes and will grant
them leave of absence and free transportation subject to the
provisions of Rule
4+."
The identical issue involving the same Organization and Carrier was the
subject of Award No. 9017 (Vernon) adopted by the Board on April
14,
1982. We
see no reason to deviate from that Award in this instance. The reasoning and
rationale used to sustain the claim in Second Division Award No. 9017 apply
equally as well to this case.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
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By
led
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~s marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of June, 1982.
DISSENT OF CARRIER MEMBM
TO
AWARD 135, DOCKET 030
Referee Dennis)
The Majority's statement that the instant dispute involved an identical
issue as decided in Award No.
9017
(Vernon) is incorrect and their reliance on such
Award was misplaced.
The dispute in Award No.
9017
concerned claims progressed on behalf of
members of the local committee for attending an investigation regarding a constituent.
The Board in Award No. 9017 sustains the claims on the basis of an asserted past
practice of longstanding. On the other hand, the circumstances in the present case
involved a situation wherein the Local Chairman requested a meeting with the Car Shop
Manager to discuss a complaint regarding another employee. The Claimant, a member of
the local committee, was asked to attend the meeting by the Local. Chairman, however,
he was advised by the Carrier that he would not be compensated for such attendance.
The factual situation in the instant case was more comparable to the situation under
consideration in Award No.
9018
(Vernon) wherein the Board denied. a claim, on this
property, made in behalf of members of the local committee who attended a meeting to
discuss vacationing scheduling. As in Award No.
9018,
the meeting held in the case
at bar was not for the purpose of discussing claims and grievances as such terns are
used in Rule 32(a) of the Agreement.
The Majority in this case incorrectly chose to follow Award No.
9017
instead
of Award No.
9018
which was more on point to the present dispute.
Hence, we dissent:
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P. V. arga