Form 1 NATIONAL RAILROAD Ab3USN BOARD Award No. 12400;
SECOND DI VftZ,On,~.DQcket No. .12131.5
X32-2-90-2-280 The Second Division consisted of the regular'°mntbers and in
addition Referee Hyman Cohen when award, was rP~ndered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Ina.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the service rights of Carman J. Roark (hereinafter ."claimant") and the provisions of Rule -7 of the controlling Shop Crafts Agreement
were violated when on August 10, 1989 Carman Roark was required to attend a
mandatory Wheel class required by the carrier, two hours after his regular
shift. The claimant was only paid straight time in violation of the aforementioned Rules.
2. Accordingly, the claimant is entitled to be compensated for 'two
(2) hours pay at the applicable Carmen's half time rate for his attendance'on
August 10, 1989.'
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 her6on.
The Carrier owns and operates the Fulton Yard, a- facility at
Richmond, Virginia, where cars are repaired
arid
classified.
On August 10,.1989 the Carrier required the Claimant a Carman, to
remain at the Fulton Yard for two hours after the end of his regular'shift to
attend a mandatory training class on "Identifying and Gauging Wheel Defects-."
After attending the class, the Carrier compensated the Claimant for two hours
at the straight time rate. With the filing of the instant claim, the Organization seeks payment for the difference between the straight time and the
overtime rate.
Formr `f
Page . 2--
Award No. 12400
Docket No. 12135
92-2-90-2-280
-° It `should he pointed autt4mt .the: .ipsrtant claim is among several
claims-,fined`
by the
Carmen at th-e'` Carrierr~-'s facility at Richmond, Virginia.
The
ci` are
'being held in abeyance subject r.tb- the resolution of the instant
claim:
DiiiI4 the handling
anj
the. property, the .only Rule which was claimed
to be vibl-ated
try
the Orgdt~f-z4tldn Ewa's Rule 7.(aj., Indeed, the instant claim
submits
d try
the
Organizat'1or
r~6fezrs
4ole=1y. to-the violation of the provisions
of Rule`
7:''
Accordingly, the .iriatant) dispute--.involves a controversy over the
interpretation and application of Rule 7(a) which provides as follows:
"for
Continuous servtde:lafter regular ,working hours,
employer
will
be paid time and bne-half on the actual
v minute basis: ° For forty .minutes ots,:less continuous
-"service "after"-bu1leC1.tm-tours; one :hour,~straight time
will be =allo4e'd.
The central inquiry to be addressed is whether the Claimant performed
"continuous service after regular working hours" within the intent and meaning
of Rule 7(a). The word-"service'-'~candot be severed from the "continuous," the
word which precedes it.~ Thas;'the'parties contemplated unbroken "service"
after regular working hbuirs. w
'°
~= v.
, . ~ x
r,:< <- ,
In this Board's judgment,`alearly, the phrase "continuous service
after regular working hours" contemplates "work of the type" that is "continuous" and to which the C.lalmant is regularly assigned.
See, e.g., Third
Division Award 134. In other words, the word'".service" in Rule 7(a) is
synonymous with "work." 'Attendance at a training class is not work or service
of the type to which -the' Claimant::'i's: regularly assigned.
In a previous.de.eis.ian involving tie-asame parties, this Board denied
the Organization;' s claim that ^the :over-time xateq 'be paid to a claimant who was
among 800 employees that were required to take an annual audiometric hearing
test conducted by the Carrier either during the hour before or after their
regular shf-t'. `Second-wDivision Award 1234. As in the instant dispute the
CairYier 'asserted =-thdt ft4 -'pra3ftent=vf the =s-traight!~ime rate for one hour was
gratuitous and not r6qui-red-'by .'the- sclieduled Rule. and Agreements. The
instant dispute (as well-as the dispute in _.-Secaud.Division Award 12234) does
not
involve
`tire issue of 'whether '"the -Ga-rrier Ws xrequired under the Agreement
to vompensate the Claimant -tfoi atGerid;ance ~_a~t r-av-training class (or, as in
Second" Divis'ioxi Award '12234a taiMng .,an _aud-f~ometric hearing test).
c 0S
A ~-
Among the Rules that the Carrier claimed were violated in Second
Division "Award 122.34 were L°Rule f 7 (a)=; and ~ 7 Ed), :Which refers to the payment of
the overtime,-rate "forlservices,performeid 0-ontinuously in advance of the
regular'vzioflting period:°''.x Thu$=~Rulesr-z7(a) sand ; (d) provide for the overtime
rate
`to
be
paid`
for continhc5ug-=servlae- after and.,before the regular working
period:
As
the- Board declared:-in-Second Division Award 12234 with emphasis
g iven '*to' Rude 7 --"We read' Ru1ev6 aild 7:. to~_:
apply
only when the employee is
actually performing work or service.t':;This Board is of the opinion that
attendance at a training class is similar to the taking of a hearing test in
the sense that both activities do not constitute service or work which are
normally performed during the Claimant's regular working hours.
Form 1
Page 3
Award No. 12400...
Docket No. 12135
92-2-90-2-280
The Organization contends-'. that since-,the Carrier required attendance
at the training class on August 10<,-1989 the :Claimant would have been disci-;
plined had he failed to attend tht .class.-_ Thus-., accor&iing to the ,Orga4za:Loii
the Carrier is required to pay the Claimant the overtime rate. On~the basis
of the record, the issue before the Board does not encompass the question
of
whether or not the Carrier has the right under .the, Agreement to dArect to the
Claimant to attend a training
class.
. The issue<:befar the ,Board; concerns the
application of Rule 7(a) which requires.;the_payment,of overtime ;under, the
specified conditions contained therein,r:See, e.g.;, Second Division `Award
12234.
a,..
..
The Organization also elaims
that,
~Jailiure by employees .to attend the
training class "would not place-the Carrier or employee in a position of not
being able to perform his/her job properly.";-:The standard.: utilized by the
Organization if enforced,-would_seriously impede-.progress in just.about every
facet of the industrial work place. The force that.drAves industry is simply
"to do it better." In any event, in Award 28 of PLB No. 3445, the Board
stated the following: i _~ ~,.
"Therefore, it is not merely for.Carrier'.s benefit
that the classes are.held, for without. the classes
employees would be uninstructed in the operating
rules in violation of Federal law. We agree with
those awards cited by-Carrier:holding that the
attendance of rules classes seryes,a mutually
beneficial purpose. Having determined that both
parties benefit from the classes. in ques-tion,, we
further find that, absent specific contractual man
dates, compensation is nat:required-,for, attendance
of such classes. * * * As stated earlier, since
these classes are beneficially instructive to
Claimants, we do not find them to constitute 'work'.
as contemplated by the Agreement."
The training class held on August-iO, I9$:9~,cover_ed .the subject .of
= Y
"Identifying and Gauging Wheel.Defects,'`, - Training".which enables the employeea
to improve the manner in which they perform their-duties is beneficial to.
them. The detection of wheel defects is :a critical ,aspect of a carman's ..
skills. Attendance at such classes. serves
_a
.."mutually =beneficial purpose.-`Inasmuch as the training class:was tene.fidUlly instructive to.the Claimant,..
the Board finds that attendance at-therclass,does got constitute "service;'-.,
within the intent and meaning of Rule 7(a).
Finally, the Organizarion::.refers tot ,previous dispute onjhe;,Prop- .
erty which occurred in October', '1989 when.. the Carrier=attempte4;to.make,..
voluntary classes "mandatory" without,:proper.compensation. It is.suf~.icient,
to state that Rule 7(a) cannot.` be construed- te.: imply: that mandatory classes',
.
constitutes "service" but voluntary:attendance,at qpch,a class is
not. "ser
vice." The nature and character is tics. of the training: class are the~same,
whether attendance is voluntary or mandatdry. .,.
_: .a
Form 1 Award No. 12400
Page 4 Docket No. 12135 _
92-2-90-2-280
The Board has carefully examined the record and concludes that the
Claimant's attendance at the training class held on August 10, 1989 was not
"continuous'service after regular working hours" within the intent and meaning
of Rule 7(a).~- Accordingly, the claim for the. difference between the straight
time and the overtime rate is denied.
A W A R D
Claim denied.
'~ ..
- NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
r
Attest:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 5th day of August 1992 .
. . _ ,fir