NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
"Claim of the General Committee of the Order of Railroad Telegraphers, Southern Pacific Company (Pacific Lines), that Extra Telegrapher J. B. Schroll be paid eight hours under Rule 8 of the Telegraphers' Agreement for time consumed in deadheading, Sheridan to Eugene, Oregon, August 12th, 1964."
FINDINGS.-The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that
The carrier and tile employee 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.
The parties to said dispute were given due notice of hearing thereon.The case being deadlocked, Willard E. Hotchkiss was appointed as Referee and oat request of the carrier a second hearing was held on July 1, 1936, at which the parties argued the case before the division with the Referee sitting as a member thereof.
An agreement bearing date of September 1,1927, as to rules, and May 1, 1927, as to rates of pay, is in effect between the parties.
The parties jointly certified to the following:"Extra Telegrapher A. Fredrickson, Portland Division, was ordered by Carrier to deadhead from Eugene to Sheridan, Oregon, to relieve tcgularly assigned Telegrapher F. H. Newell, who became assigned to another posttiou by bulletin. Fredrickson relieved Newell July 23rd, lW4, quill ryas paid for deadheading, Eugene to Sheridan.
"On August 7th, 1934, Extra Telegrapher J. B. Schroll exercised seniority under Rule 21 (g), Telegraphers' Agreement, and displaced Telegrapher Fredrickson; August 11th, 1934, Extra Telegrapher H. J. Long exercised seniority under Rude 21 (g) and displaced SUhroll; August 13th, 1934, Extra Telegrapher P. F. Smith exercised seniority under Rule `-1 (g) and displaced Long; August 27th, 193-4, H. D. Olsen, who acquired the assignment at Sheridan by bulletin, reported relieving Extra Telegrapher P. F. Smith.
"Extra Telegrapher J. B. Schroll, upon being displaced at Sheridan August 11th, 1934, returned to headquarters at Eugene, August 12th,1934, and makes chum for eight hours' compensation on that date for deadheading Sheridan to Eugene."
Rule 8 of the agreement is cited, and there is ::l.so cited a memorandum of agreement bearing date of November :77, 1931, which agreement contains agreed interpretations of Rule 8 under various circumstances set forth. Rule 8 reads as follows:
"Ruse 8. Extra telegraphers will be paid for time consumed for deadheading and relief service, but shall not receive compensation for this service to exceed one day's pay of the telegrapher relieved for each 24 hours or fraction thereof en route to and from the assignment. This will not apply to extra telegraphers deadheading to assert seniority rights over other extra telegraphers.
"NoxE-Means that extra telegraphers will be paid actual time for dead heading with maximum allowance of one (1) day's pay in each twenty-four (24) hour period, at rate of position relieved.
"EXAMPLE.-Extra telegrapher, deadheading `A' to `B' consuming three (3) hours; rate of pay at 'B' .7000 cents per hour; amount $2.10; then, if the extra telegrapher performs eight (8) hours' service on day deadheading, lie wilt receive eight (8) hours' pay in addition to the deadhead allowance.'
Sections 1 and 2 state the purpose of the memorandum of agreement of November 27, 1931, and set forth the headquarters for the several divisions of the Southern Pacific Company. Sections 3, 4, and 5, which are the pertinent sections of the nieiiioraudina, are :is follows:
"l3) Superintendent of each of the four divisions designated by name fit Section 2 shall iuforin each extra telegrapher on such Superintendent's respective division which of the two stations named on that division will be headquarters for such extra telegraphers. The number of extra telegraphers and the iadividmils for each headquarters may be changed whenever necessary to inert re~luirelnesits.
"If the headquarters of all extra telegrapher is changed as provided ill this ,Section, conipeusat.ion for the first deadhead service for which ordered, front or to headquarters, subsequent to the change, shall be as follows:
"(a) if an extra telegrapher is employed on the line or is enrolite under instrnc!l,.rls, to deadhead, to the original headquarters at the time headquarters is changed. his deadhead allowance, if enroute, or his first deadhead allowance to headquarters, after headquarters has been changed, shall be computed to original headquarters as it existed before the change. Subsequent deadhead allowance to headquarters shall be computed as provided in Se(tinu 4.
"(b) The first dendhead for service an extra telegrapher is ordered to perform front henhimirters subsequent to change of henidquarters, shall be computed from orighal lleadquarle:.s ns it existed before the change.
"Subsequent dmdhead allowance from headquarters shall be computed as provided in Section -1.
"(e) Allowoneo for deadhead service, except as provided in paragraphs (a) and (b) of this Section, shall lie cmnputed as provided in Section 4.
"(4) Ali extra telegrapher ordered by proper authority to deadhead for service shall lie paid for tune consumed deadheading as prescribed in Rule #8 of current Telegraphers' Agreement, as follows:
"(a) When deadheading for service. oil instructions from proper authority. shall recAve dendln"nd allowance front headquaiters to station ordered, excep! as hereinafter provided.
"(b) At conclusion of service at a station, if not ordered elsewhere for service, silnll be ordered to deadhead to headquarters and paid deadhead allowance front station last worked to headquarters, except as provided in paragraph (d) of this Section.
"lc) At. conclusion of service at a station, if ordered to deadhead to mother station for service, allowance for deadhead shall be from last station vvolked to station ordered, except, if service to be performed at the station to which ordered, will not coruiuenco on the next date following the Deginning of the last dot's service at the last station worked and if available passenger train service will permit the extra telegrapher to reach lie<dqrarters arid then reach the station to which ordered in time to perforin tile service required, he will be paid dendhead allowance from tile station last worked to headquarters, and front headquarters to the station ordered, provided he makes the trip to hoadquarters and thence to the station to which ordered.
"(d) If ordered to deadhead to headquarters, and, if before reaching headquarters, extra telegrapher requests and receives permission from proper authority to rornniu at sonic station other than lieadquartrrs, awaiting work, will not be paid deadhead allowance front station last worked to hendqnartcrd, but if snbsequeritly ordered to deadhead to a station, for service, shall be paid deadhead allowance front headquarters to station ordered.