Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10826
SECOND DIVISION Docket No. 10391
2-C&NW-CM-'86
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister 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. That the Chicago & North Western Transportation Company violated
the current controlling agreement when Upholsterers B. S. Brown, B. McCalleb,
V. L. Harper, G. Rodgers,; Welder G. Hall; Carpenters J. Fields, L. J.
Johnson, B. Williamson, A. Perkins, M. Stinson, V. Scuefield, and Painters D.
McCoy and E. Sanchez were unjustly detained on company property after their
normal working hours without being compensated for overtime in August 24, 1982.
2. That the Chicago & North Western Transportation Company be
ordered to compensate the above named thirteen (13) employes one hour overtime
pay each in accordance with Rule 6 and 7, which are controlling.
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 to appearance at hearing thereon.
This Claim on behalf of thirteen Claimants who are in the employ of
the Carrier is based upon their being denied permission to leave the Carrier's
property until their cars were searched. This process took approximately
fifteen total minutes for the thirteen employees. As a result, all thirteen
submitted time slips for one hour's pay each, which the Carrier has refused to
pay. The Organization asserts the Carrier required the Claimants to remain on.
the property after their assigned hours. It contends that even if not all
were required to stay fifteen minutes, the Controlling Agreement requires a
minimum of one hour's pay even if they remained on the property one minute.
The Carrier denied the Claim because it asserted the Claimants were not
required to perform service. Rule 6 and 7 are set forth hereinbelow:
Form 1 Award No. 10826
Page 2 Docket No. 10391
2-C&NW-CM-'86
"Rule 6: (a) All overtime continuous with regular
bulletined hours will be paid at rate and one-half
until relieved; except as may be provided in rules
hereinafter set out . . .
Rule 7: For continuous service after regular
working hours, employes will be paid rate and
one-half on the actual minute basis with a minimum
of one hour for any such service performed . . ."
The uncontroverted evidence established a Special Agent of the
Carrier searched the Claimant's cars. The reason advanced by the Carrier for
necessitating the search was a "rash of thefts from the Carrier's facility at
California Avenue . . .". This action was not inadvertent or a mistake. See
Award 9715. The fact is that without any alleged suspicion linking the
Claimants to such thefts, they were involuntarily detained from leaving work.
The service performed was remaining on the Carrier's property beyond their
bulletined hours at the convenience of the Carrier. The evidence indicates
this was no more than a routine, preventative check without any claim of
probable cause.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. ver - Executive Secretary
Dated at Chicago, Illinois, this 16th day of April 1986.