Form
1
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13065
Docket No. 12848
96-2-93-2-224
The Second Division consisted of the regular members and in
addition Referee Herbert
L.
Marx, Jr. when award was rendered.
(International Brotherhood of Electrical
( workers
PARTIES TO DISPUTE
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"1. That on March 24, 1992, under the current
Agreement the Consolidated Rail Corporation improperly
failed to additionally compensate Radio Maintainer G.
Falterman at his pro rata overtime rate while attending
Book of Rules Classes as ordered by the railroad, eight
hours that date, beginning at 7:45 a.m., outside of and
in addition to his regular tour of duty as a Radio
Maintainer; and instead additionally compensate him for
such eight hours at his pro rate straight time rate.
2. That accordingly, the Consolidated Rail
Corporation should be ordered to additionally compensate
Radio Maintainer G. Faltexman by an amount equal to four
hours' pay at straight time his pro-rata Radio Maintainer
rate for attending Book of Rules Classes on March 24,
1992, as referred to in Item 1. above, in order to make
him whole and protect the Agreement.
3. That on April 3, 1992, under the current
agreement the Consolidated Rail Corporation improperly
failed to additionally compensate Radio Maintainer R.
Burzynski at his pro rata overtime rate while attending
Book of Rules Classes as ordered by the railroad, eight
hours that date, beginning at 7:45 a.m. outside and in
addition to his regular tour of duty as a Radio
Maintainer; and instead additionally compensate him for
such eight hours at his pro rata straight time rate.
4. That accordingly, the Consolidated Rail
Corporation should be ordered to additionally compensate
Radio Maintainer R. Burzynski by an amount equal to four
hours' pay at straight time his pro rata Radio Maintainer
rate for attending Book of Rules Classes on April 3, 1992
as referred to in item 3. above, in order to make him
whole and protect the Agreement."
Form 1 Award No. 13065
Page 2 Docket No. 12848
96-2-93-2-224
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees 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 were given due notice of hearing
thereon.
The Claimants are Radio Maintainers employed on a monthlyrated basis. They were directed to attend a NORAC Book of Rules
class. The class was of approximately eight hours' duration. The
Claimants attended outside their normal working hours but on
weekdays when they also worked such normal hours. The Carrier paid
the monthly-rated Claimants an additional eight hours' pay at
straight time. The Organization argues that this mandatory
assignment should have been paid at the time-and-one-half overtime
rate.
The Carrier relies on Rule 8-M-1.(a), which reads as follows:
11(a) Employees will be paid at the straight time
rate of pay for time attending related training sessions
held during or outside of regular work hours."
The Organization disputes the application of this Rule on
several bases. The Organization notes the word "related" in the
Rule and contends that the training involved here was not directly
"related" to the position of Radio Maintainer. The Board finds the
Carrier has demonstrated that the Rules class here involved was
applicable, and thus related, to at least some of the
responsibilities which a Radio Maintainer is called upon to
perform.
The Organization further refers to Appendix "C", Section 8,
which reads as follows:
"B. Pending resolution of the cross representation
problem, this Agreement shall apply to Communication
Department employes represented by the international
Brotherhood of Electrical Workers except their rates of
pay, basis of pay, and other special rules shall remain
unchanged."
Form 1 Award No. 13065
Page 3 Docket No. 12848
96-2-93-2-224
In this connection, the Organization points to Rule 4, Time
Allowances, and Rule 5, Handling of Employees. Because the
Claimants were directed to attend the Rules class, rather than
attending on a voluntary basis, the organization argues that the
overtime provisions of Rules 4 and 5 are applicable. These Rules,
however, are concerned with "work" and "time worked". It has been
repeatedly determined by previous Awards that training classes,
whether compulsory or not, are not "work or service". As stated in
Public Law Board No. 3502, Award 8:
"The threshold issue before this Board is whether
compulsory attendance at an Operating Rules meeting
constitutes `service' or 'work' within the parties'
intended meaning
....
Prior awards of the National
Railroad Adjustment Board have ruled that attending
periodic rules examinations or class lectures outside
assigned hours cannot be characterized as service on
behalf of the Carrier within the traditional meaning of
the term."
Much more recently Second Division Award 12639 made the same
point:
"There are numerous Awards on all Divisions which
have held that training outside an employee's regularly
assigned hours does not trigger an overtime payment. See
Second Division Awards 12359, 12235, 12235; Third
Division Awards 28575, 27021 and 22704."
The single question before the Board is simply whether the pay
which the Claimants received should have been at the punitive rate.
The answer is in the negative.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
Form 1 Award No. 13065
Page 4 Docket No. 12848
96-2-93-2-224
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 9th day of December 1996.