Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No. 11668
SECOND
DIVISION
Docket
No. 11543
89-2-88-2-8
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Southern Railway Company
PARTIES TO DISPUTE:
1. That under the current Agreement the Carrier violated Rules 50
and 5 of the controlling Agreement when they shorted Carman J. E. Baughcum's
pay check two
(2)
days' pay and required him on his rest day to report the
shortage and only offered him
60%
of the shortage.
2.
That accordingly, the Carrier be ordered to comply with Rule 50
providing pay equal to shortage at time of shortage and compensate Carmen
Baughcum five (5) 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 employee 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, on March
10, 1987,
one of his rest days, received his pay
check and noted that it was short two days pay. He went to Carrier's Master
Mechanic's office where investigation developed that the shortage was due to
the fact that a foreman was late in submitting two time tickets. A call was
made to Carrier's accounting department where a draft was issued covering the
shorted two days less applicable deductions which amounted to 40Z. Later a
claim was filed seeking:
"For off duty time in this matter and all losses
incurred by Mr. Baughcum as a result of all
errors and Rule violations aforestated in this
claim, we ask that Mr. Baughcum be paid for five
(5) hours at the current straight time rate of
pay...
Form 1 Award No. 11668
Page 2 Docket No. 11543 ''
89-2-88-2-8
We have examined this record carefully and fail to find any rule
support for the Organization's claim for additional compensation because
Claimant spent some time, while off duty, in a Carrier office straightening
out a payroll check error.
We have also looked at the application of the Rule of the Agreement
dealing with payroll shortages and find that while it requires that drafts be
issued for shortages of one day or more the Rule does not mention deductions
required by law. Accordingly, the language of the Rule does not support a
conclusion that an employee being issued a special draft must receive an
amount equal to 1002 of the gross amount of the shortage. Carrier is obligated by law to withhold Railroad Retirement and Income taxes from each
employee's pay. Taxes withheld vary as to amounts and rates for individuals.
Use of a standard deduction, in this case 40%, when issuing special pay vouchers may be a convenient procedure to expedite processing aqd delivery, and is
not specifically prohibited by the Rule.
The claim of the Organization is totally void of merit. It will be
denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J. - Executive Secretary
Dated at Chicago, Illinois, this 1st day of March 1989.