Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11951
SECOND DIVISION Docket No. 11750
90-2-89-2-70
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Firemen and Oilers
PARTIES TO DISPUTE:
(Southern Railway Company

STATEMENT OF CLAIM:

1. That under the current and controlling agreement, Laborer T.E. Millwood, S.S. 249-80-0137 and R.S. Huckaby, S.S. 167-44-4014 were improperly compensated for service rendered on January 27, 1988.

2. That accordingly, Laborers Millwood and Huckaby be compensated for thirty (30) minutes at the applicable rate of time and one-half pay which was in effect on January 27, 1988.

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.

The Claimants in this dispute are the charged employee and his local representative. They were required to remain on the property beyond their normal quitting time to complete an investigation that began at 3:00 P.M. Claimants remained under pay until their normal quitting time, 4:00 PM. At four o'clock a request was made to recess and continue the Hearing at a later date. The request was denied and the Hearing continued for approximately thirty more minutes. At issue here is the application of the first sentence of Rule 34 (f) reading:

"Formal investigations shall be held at the point where the employee is employed and at such time as will result in no loss of time for the employee, his representative and his witnesses that are employed at such point unless otherwise agreed to."

Form 1
Page 2

Award No. 11951
Docket No. 11750
90-2-89-2-70

An uncomplicated reading of Rule 34 (f) indicates that it clearly provides that Investigations must be held at times when an employee and his witnesses will not lose time. However, the Rule, commonly referred to as a "no loss of time rule" does not provide for extra compensation when the Investigation extends beyond normal quitting times. In the matter at hand Claimants did not lose any time as a result of their participation in the Investigation. That is all that is required by the Rule.

A W A R D

Claim denied.

Attest: _'~6~ f~

Nancy J

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division

Executive Secretary

Dated at Chicago, Illinois, this 28th day of November 1990.