Award Number 409
Docket Number MW-456
NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
Arthur M. Millard, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
NORTHERN PACIFIC RAILWAY COMPANY
STATEMENT OF CLAIM.-
"Clainr of J. C. Brening, section laborer at Brainerd, for continuous
time from 6:04 a. m. to 11:18 p. m., February 21, 11136, based on Rule 63
(revised) of Maintenance of Way Schedule which was effective March 1,
1022."
STATEMENT OF FACTS.-The following statement of facts was jointly
certified by the parties:
"Mr. Brening was a member of section crew at Brainerd, Minnesota.
An extra west struck the section motor car operated by this section crew,
the car standing on the main line when it was struck. An investigation
of this accident was held at Duluth, Minnesota, the division headquarters,
on February 21, 1936. The section crew was found not to blame for the
accident.
"Brainerd is 118 miles from Duluth.
"The train
service was such that the members of the section crew
left Brainerd at 6:04 a. m., arrived at Duluth at 8:40 a. m. Returning,
they left Duluth at 7:30 p. m. and arrived at Brainerd at 11 :18 p. m.
They were allowed eight hours' pay and expenses incurred. Mr Brcuing
claims that he should have been paid continuous time from 5:104 a. m.
until 11 : 18 p. m. in lieu of eight hours."
The agreement between
the parties bearing effective date of March 1, 1922,
was placed in evidence.
POSITION OF EMPLOYES.-The contentions of
the employes were stated
.as follows:
"As indicated in Joint Statement of Facts, J. C. Breuiug was employed
as a section laborer at Brainerd, Minn. He was directed by an authoritative officer of the Railroad to be in Duluth on Feb. 21st, 1936. In order
to comply with that instruction it was necessary that Brening leave
Brainerd on a train leaving 6.04 a. m. on February 21, returning to
Brainerd, his headquarters, on a train arrichig at 11:18 p. In. the same
day. For this service Brening was allowed eight hours' pay, same as if
he had been
employed during his regular assigned hours at his headquarters. Ile holds, and we agree with him that
!it
conformity with
Rule 63 df agreement then in elTccl, he should be paid for all the time
devoted in riding and waiting for trains in connection with this service.
"Schedule Plate 8.3 in Agreement in effect February 21, which is identical
with rule 52 in current agreement, reads:
'Employes, except pampers, bridge or building inspectors, water service
foremen, assistant water sorvlce foremen, sent away from their outfits
or headquarters to do work, will be allowed straight time for traveling
or waiting for trains. Where lodging is furnished, this rule does not apply
to the period waiting for trains. Employ" will not be allowed time while
traveling in
the exercise of seniority, or between their homes and designated assembling points. or for other personal reasons.'
(22)
24
OPINION OP THE BOARD.-That
the term "to do work;" as contained in
rule 63 (revised) of the agreement effective March 1, 1922, between the
Northern Pacific Railway Company and employes in the Maintenance of Way
.Department, contemplates "work" to mean the usual or accustomed vocation of
the employe, or, in other words, work at the type of work to which an employe is regularly assigned. Attending an investigation at the request of or
under instructions from the railway company is comparable in the present
instance to "attending court under instructions from the railway company,"
as outlined in rule 66 of tile same agreement between the employes and the
carrier, and is properly applicable to this dispute.
PINDINGS.-The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon and upon the whole
record and all the evidence, finds and holds:
That the carrier and the employe involved in this dispute are respectively
carrier and employe within the meaning of the Railway Labor Act, as approved
June 21, 1934;
That this Division of the Adjustment Board bas jurisdiction over the dispute
involved herein, and
That the claimant sustained no loss by reason of the investigation of the
railway company and was properly compensated under rule 66 by the allowance of his usual eight hours' pay and his expenses incurred during the trip,
and that the agreement between the parties has not been violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: H. A. JoaNsoN
Secretary
Dated at Chicago, Illinois this 15th day of April, 1937.