STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5930) that:
EMPLOYES' STATEMENT OF FACTS: Clerks L. W. Copeland and W. L. Steele, (referred to hereafter as claimants) were regularly assigned Group 1 clerical employes on the Charleston Division of the Carrier. On April 24, 1965, Claimants were notified by letter from Trainmaster Cherry to arrange to attend as a witness an investigation to be conducted in the A. C. L. Freight Station, Columbia, S. C. 9 A. M., April 27, 1965.
The investigation was conducted to develop facts and establish responsibility as outlined in the letter of April 24 herein referred to and attached as Employes' Exhibit A.
Claimants attended the investigation as Carrier witness in accordance with the letter of instructions identified as Exhibit A and when they were not properly compensated, claim was filed with the Division Superintendent for proper payment of four hours at time and one-half to Claimant Steele and three and one-half hours at time and one-half for Claimant Copeland. Copy of the claim as filed is attached hereto and referred to as Employes' Exhibit B.
The claim was denied by Mr. T. D. Moore, Jr., Superintendent, under date of August 11, 1965, advising that claimants lost no time as result of attending investigation and claims were not sustained by the agreement. The decision of
the Superintendent denying the claim is attached hereto as Employes' Exhibit C.
Appropriate appeal was made to Mr. W. D. Quarles, Jr., Director of Labor Relations, the highest officer of the Carrier designated to handle disputes and following conferences and discussion, denied Claimant's claims under date of October 29, 1965, copy of decision attached hereto as Employes' Exhibit D.
On April 27, 1965, Claimant L. W. Copeland held a regular assigned posi tion working 11 P. M. to 7 A. M. and Claimant Steele occupied a regularly assigned position working 7 A. M. to 3 P. M. April 27, 1965 was one of the work days of the work week of each of the Claimants regular assignment.
CARRIER'S STATEMENT OF FACTS: While yarding Train No. 223 at Columbia, South Carolina, Trainman M. H. Stanton sustained personal injury on the morning of January 11, 1965. Clerk L. W. Copeland was on duty at that time and talked with Trainman Stanton on the radio just prior to the time the injury was sustained. Report of the personal injury was made to Mr. W. L. Steele, who had just begun his tour of duty as Relief General Yardmaster, and, acting in that capacity, he inspected the equipment involved.
Investigation in connection with the personal injury was conducted on April 27, 1965, and Clerks L. W. Copeland and W. L. Steele were required to attend as witnesses for the Carrier.
On that date Cleric Copeland's tour of duty, which began at 11:00 P. M. the night before, ended at 7:00 A. M., he attended the investigation from 9:00 A. M. to 10:30 A. M., and was paid for the eight hours spent on his assignment.
Clerk Steele was assigned to work 7:00 A. M. to 3:00 P. M. and he attended the investigation from 9:00 A. M. to 7:00 P. M., four hours beyond the time he would have gone off duty. He was paid for the two hours spent on his assignment from 7:00 A. M. to 9:00 A. M., and was allowed the six additional hours be would have earned if he had not attended the investigation, or a total of eight hours.
The claim was declined because the claimants lost no time and the agreement contains no rule which supports a claim for time spent outside of assigned hours acting as a witness for the Carrier at an investigation.
OPINION OF BOARD: Claimants were required to attend an investigation as witnesses on behalf of Carrier at Columbia, South Carolina on April 27, 1965. Claimant Copeland occupied an assignment with hours between 11:00 P. M. and 7:00 A. M. He attended the investigation from 9:00 A. M. to 10:30 A. M. and was paid for the eight hours on his regular assignment. Claimant Steele occupied as assignment with hours between 7:00 A. M. and 3:00 P. M. He attended the investigation from 9:00 A. M. to 7:00 P. M. and was compensated for eight hours of his regular assignment.
Petitioner claims an additional 4 hours pay at the overtime rate on behalf of Claimant Steele and 3 hours and 30 minutes at the overtime rate on behalf of Claimant Copeland for service performed outside their respective daily assignments on the date of claim.
The record discloses that the claim originally handled on the property failed to mention any rule violations. Carrier declined the claim on the property by letter dated October 29, 1965, which in part reads as follows:
The entire correspondence on the property, as submitted by the Employee, is found in Employes' Exhibits A, B, C and D.
Petitioner has offered no evidence that any specific rules were considered or discussed on the property by the parties. Therefore, we must conclude that Petitioner for the first time in this dispute cited Rules 52(a), 53 and 54 in its appeal to this Board as supporting the claim for additional compensation on behalf of Claimants.
Carrier contends that the Board lacks jurisdiction to decide this dispute on the merits because nowhere in the handling of it on the property has Petitioner asserted that any rule or rules of the Agreement have been violated.
The jurisdictional issue here involved recently has been considered by us in several Awards, involving similar circumstances. (Awards 13741, 14081, 14118 and 15700.)
We find the following statement from our Award 13741 applicable in the instant dispute.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;