STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Seaboard Coast Line Railroad Company that:
EMPLOYES' STATEMENT OF FACTS: Claimants in this dispute are all members of Signal Gang No. 6, namely, Foreman W. W. Kelly, and other members M. E. Weaver, G. H. Grant, J. G. Hawkins and J. W. Brown.
At the close of work September 19, 1968, signal gang No. 6 was located at Hardeville, S. C. All members of the gang were instructed to report to Tucker, Ga., for work beginning Monday, September 23, and their camp car outfit would be transferred from Hardeville to Tucker during their rest days.
Claimants found upon arriving at Tucker, Ga. for work Monday, September 23, that the dining car had arrived but the lodging cars had not arrived. The sleeping car contained their personal effects as well as their lodging facilities and utilities.
GEN. CHAIRMAN TO ASST. VICE PRES-PERSONNEL,
SEPTEMBER 16, 1969
ASST. VICE PRES-PERSONNEL TO GEN. CHAIRMAN,
OCTOBER 8, 1969
OPINION OF BOARD: On September 19, 1968, Signal Gang No. 6, located at Hardoville, South Carolina, was instructed by Carrier to report to Tucker, Georgia, for work beginning Monday, September 23. Their camp car outfit would be transferred from Hardeville to Tucker during their rest days. Claimants reported at Tucker, Georgia, on September 23, and found that their dining car had arrived, but that the lodging car had not arrived. The sleeping car did not arrive at Tucker, Georgia, until 2:40 A. AT. on Tuesday, September 24, during which time, Claimants waited in their personal automobiles and dining car after their working hours. Claimants base their claim on Rules 11, 18, 19, 20 and 25 of the Signalmen's Agreement. Rule 18 provides for payment of continuous time, exclusive of Noon meal period, from time reporting for duty until released at home station, whether working, waiting for traveling, for hourly rated employes performing services requiring them to leave and return to home station the same day. The Organization contends that Claimants were performing service which required them to leave their home station (camp cars) and return on the same day. Carrier contends that the Claimants were only entitled to $4.00 for the time from regular quitting time until 2:40 A. M. when the lodging car arrived at Tucker, Georgia, under the provisions of the Memorandum Agreement of June 17, 1968, which states that if lodging is not furnished by Carrier, employee shall be reimbursed for additional reasonable expense though not in excess of $4.00 per day.
The record reflects that the instructions given to the employes, as to where to go while waiting for their lodging car, were vague and indefinite; and that there is a dispute as to when the lodging cars were to arrive at Tucker.
Therefore, without passing on the validity of the June 17, 1968 Memorandum Agreement in connection with Rule 18, this Board finds that Claimants are entitled to waiting time under Rule 18 until 2:40 A. M. on Tuesday, September 24, 1968, with the provision that Carrier be given credit for the $4.00 paid each employe under the Memorandum Agreement, if such payment was made. This Board further finds that the Foreman is also entitled to waiting time (under Rule 46) until 2:40 A. M., September 24, 1968.
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;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and