NATIONAL RAILROAD ADJUSTMENT BOARD
Lloyd K. Garrison,
Referee
PARTIES TO DISPUTE:
ORDER OF SLEEPING CAR CONDUCTORS
THE PULLMAN COMPANY
DISPUTE (G. W. Lawyer).-
"As originally presented, this conductor's grievance claimed pay for
services in the months of July and August 1932, while working extra.
Since the case wits presented, there has been a partial adjustment giving
him 3 days' pay iii addition to that previously received. This eliminates
that part of the original grievance involving two movements between New
York and Great Bend, one in .July and the other in first half of August.
That part of the grievance still unadjusted involves the following services:
"Left New York in regular line service August 19, 8:45 P. M., arriving
Wutertown August 20, 7:45 A. 11. 8 hours, 20 minutes net.
"Held for service at Watertown August 20, from 7:45 A. M. to 5:30
P. 1A1. 8 hours net.
"Left Watertown in special service August 20, 5: 30 P. Af., arriving New
York August 21, 0: 40 A. M. 10 hours, 10 minutes net.
"Left New York in regular line service August 26, 1:20 P. 11., arriving
Boston 7:50 P. M. same clay. 0 hours, 10 minutes net.
"Held for service at Boston from 7:50 P. It., August 26, to 2:30 P. M.,
August 28. 20 hours, 10 minutes net.
"Left Boston in regular line service August 28, 2: 30 P. Al., arriving New
York 9: 10 P. Dl. slime day. 0 hours, 40 minutes net.
"He claims 2 days' pay, over that already received, for these services."
FINDINGS.-The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier and the employee involved
!it
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.
The parties to said dispute were given due notice of hearing thereon.
The case being deadlocked, Lloyd K. Garrison wits called in as Referee to
sit with the Division as a member thereof.
There is in evidence The Pullman Company Rules Governing Working Conditions for Conductors, effective December 10, 1923, mill Mediation Agreement of
March 1, 1928.
The service performed was as follows:
Pullman company paid Employees claim pay
8-19-32 Left New York 3:45 P. M.-Line 1554.
8-20-32 Arrived Watertown 7:45 A. M____.._.-._.
.'Layover" 9 me. 45 mins.___.-______.______
8-20-32 Left W atertnwn 5:30 P. M.-Troop Special-.
8-21-32 Arrived New York 6:40 A. M.
Elapsed time 33 his. 55 mina.
8-26-32 Left New York 1:20 P. M.-Line 1470. Ar- (1 day-_ -__ _1 day,
rived Boston 7:5,0 P. M. l1 day-held for service-.-. 1 day.
8-28-32 Left Baston2:30P.bl.-Line1140__ _ _ lday_ ____._______.__._. Snayheldforservice.
Arrived New York 9:10 P. M.
Elapsed time55ma.50mins. 5days_______ _ _______ 7days.
r held for service.
(380)
387
The record indicates that there was no regular layover at Watertown and
the allowance of one day for the New York to Watertown run evidently included
no allowance for any layover at Watertown. The claim of held for service at
Watertown should, therefore, be allowed on the basis of the principles already
established in Docket PC-105, Award No. 259 of this Division.
With respect to the claim for an extra eight hours held for service in Boston:
The record indicates that the allowance of one day for the trip to Boston and
one day for the trip back included a layover which started on the conductor's
arrival in Boston on the evening of the 20th and expired some time during the
following day, certainly before 4:00 P. M., the testimony in the proceedings
before the Conductors' Adjustment Board being to the effect that the end of
the layover would be some time in the morning. At the end of the layover,
which certainly was before 4:00 P. M., the conductor entered upon a period
of being held for service, which, up to midnight on the 27th, would entitle him
to eight hours, and from midnight to 2:30 P. M. on the 28th would entitle him
to another eight hours. He was paid for a single stretch of eight hours and is
entitled to an additional eight hours.
AWARD
Claim sustained.
By Order of Third Division:
NATTONAL RAmROAn ADJUSTMENT BOARD,
Attest
H. A.
JoaNsoa,
Secretary.
Dated at
Chicago, Dlinols, this 9th day of May 1938.