Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10237
SECOND DIVISION Docket No. 9014
2-C&NW-04-' 85
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 and Canada
Parties to Dispute:
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Carmen Mike Mead, Richard Wart, Dale Beck, Robert Co11um and Henry Kuelper,
Beverly, Iowa, were denied compensation for the period of 12:00 Noon
to 12:30 P.M. while they were away from home station on emergency
road work; the amount of one-half hours pay per day at the straight-time
rate for the following days:
Carman Mead: 6/24/79
7/ 5/79
Carman Wart: 6/24/79
Carman Beck: 7/ 5/79
8/28/79
Carman Co11um: 7/10/79
7/12/79
7/24/79
8/ 2/79
Carman Kuelper: 8/10/79
8/13/79
8/20/79
8/23/79
8/24/79
8/27/79
8/28/79
2. That the Chicago and North Western Transportation.Company be ordered to
compensate Carmen Mike Mead, Richard Wart, Dale Beck, Robert Co11um and
Henry Kuelper for one-half hours pay 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 employes 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.
Form 1 Award No. 10237
Page 2 Docket No. 9014
2-C&NW-'85
Petitioner in this case contends that on various days in June, July, and
August 1979, five Carmen Claimants (Mead, Wart, Beck, Co11um, and Kuelper) performed
emergency road work while away from their home station. It contends that Rule 10
of the Controlling Agreement directs that employes on emergency road work will be
paid for all time worked, traveling, or waiting at the straight time rate. In
the instant case, Claimants were not paid for their 30 minute lunch hour on the
days they worked away from their home station. Through this claim, they seek 30
minutes pay at straight time for those lunch hours listed in the claim.
Carrier simply states that the work performed by Claimants on the claim dates
was not emergency road work as contemplated by Rule 10 and that, as a consequence,
it denied the claim. Carrier relies on Second Division Award 8186, Referee R. E.
Fitzgerald, as the basis for its denial.
This Board has reviewed any number of Rule 10 cases and, based on the record
presented, it has come down on both sides of the issue. It has denied some claims
and sustained others. Throughout those Awards, however, it has maintained the
position that the party arguing that the work performed was emergency work must
demonstrate this fact by probative evidence. The record before us in this case
falls short of that requirement. Petitioner claims that the work performed was
emergency work. It does not, however, explain the details of the work or what
the situation was at the time the work was performed. Without more facts than
exist in the record before us, we cannot conclude that the work performed by Claimant
was emergency work as contemplated by Rule 10.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of Second Division
Attest:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1985.