Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13341
Docket No. 13144
98-2-96-2-46
The Second Division consisted
of
the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(International Association
of
Machinists and
( Aerospace Workers (District 19)
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"(1.) The Consolidation (sic) Rail Corporation violated the Rules
of
the
Controlling Agreement
of
May 1, 1979, and particularly Rule(s) 4B-1, 4-B-2 and appendix `G'.
(2.) Accordingly, the claimants are entitled to the remedy as requested.
An additional payment
of
$2.04 each for July 4, 1994 holiday."
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 in this dispute held Machinist Instructor positions at the Carrier's
Enola Diesel Terminal. The facts, which are not in dispute, show that, on July 4, 1994,
the Claimants worked eight hours
of
overtime. For this work, each was compensated
Form 1 Award No. 13341
Page 2 Docket No. 13144
98-2-96-2-46
at the time and one-half rate of their regular hourly rate. In addition, each was paid a
50 cent per hour Instructor Differential. The Organization contends this Differential
should also be paid at the time and one-half rate, i.e., 75 cents.
The Board finds no Agreement support for the Organization's position. The
differential entitlement for Instructor work is governed by the Collective Bargaining
Agreement, Appendix "G", Memorandum of Understanding Covering Machinist
Instructor. It reads as follows:
"APPENDIX `G'
MEMORANDUM OF UNDERSTANDING COVERING
MACHINIST INSTRUCTOR
Position of Machinist instructor may be established at the sole
discretion of the Company, Such positions, when established, may be
utilized to train apprentices or trainees and mechanics in all phases of
Machinist's work and to teach mechanics techniques to be used in training
of apprentices or trainees.
These positions shall be subject to all rules of the agreement
effective May 1, 1979, except those dealings with advertisement,
displacement, starting time, rest days and hours of assignment, provided,
however, that the overtime provisions shall apply after completion of forty
(40) hours' work in any week. Such instructor positions may be filled by
the Company from employees having more than sixty (60) days seniority
on a Machinist roster.
Employees assigned to such instructor positions shall be paid 50
cents per hour above the Grade `E' rate.
The establishment of this classification of Machinist Instructor in no
manner restricts the Company from utilizing other than Machinists in
training functions."
On the other hand, the payments of overtime are governed by Rules 4-B-1 and 4B-2. These provisions read in pertinent part as follows:
Form 1 Award No. 13341
Page 3 Docket No. 13144
98-2-96-2-46
RULE 4-B-1. (al
"Time worked by an employee in excess of eight (8) hours in any 24hour period, computed from the starting time of the employee's regular
shift, will be considered as overtime and paid for at the rate of time and
one-half . . . ."
RULE 4-B-2. (al
"Work performed on the following legal holidays, namely:
In the United States In Canada
New Year's Day New Year's Day
Washington's Birthday Good Friday
Good Friday Easter Monday
Decoration Day Victoria Day
Fourth of July Dominion Day
Labor Day Civic Day
Veterans Day Labour Day
Thanksgiving Day Thanksgiving Day
Christmas Eve Christmas Eve
Christmas Christmas
(Christmas Eve will be the day before Christmas is observed)
or the day observed shall be paid for at the time and one-half rate with a
minimum of three (3) hours."
The evidence shows that the payment procedure being challenged in this dispute
has been accepted by the parties since early 1979. It has been well established that the
Instructor Differential is not a rate of pay. Appendix G provides that any change to the
50 cent Differential will be by agreement only. Nowhere in Appendix G is it stated that
the Differential is subject to the overtime provision of Rule 4-B-1.
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Page 4 Docket No. 13144
98-2-96-2-46
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 24th day of November 1998.