NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
SEABOARD COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the members of System
Grading Force No. 8666 were required and/or permitted to work in
excess of 40 hours per week during certain weeks beginning April 7,
1969 and were paid at straight time rates for the time worked in
excess of 40 hours on such weeks. (System File 12-38/C-4 SGF 8666).
(2) Messrs. W. G. White, H. E. Parker, M. M. Shaw, W. R.
O'Berry, M. W. Bean, C. G. Fennell, Jr., T. C. Peirson, C. A. Blackmon, W. A. Moore, Jr., E. L. Livingston, G. Mott, J. Copeland and/or
their successors be paid the difference between what they should have
been paid at their respective time and one-half rates and what they
were paid at their respective straight time rates for all time worked
in excess of 40 hours in any week during the period beginning
April 7, 1969 and continuing until the violation referred to in Part (1)
ceases.
EMPLOYES' STATEMENT OF FACTS: The facts pertinent to the
instant dispute were partially set forth within the letter of claim presentation which reads:
LETTER "A"
"June 5, 1969
C-4
SGF No. 8666
Mr. J. M. Moore, Division Engineer
Jacksonville Division
Seaboard Coast Line Railroad Company
3019 Warrington Street
Jacksonville, Florida 32205
Dear Mr. Moore:
The following claim is presented.
time by an employe outsida of the regular work period 'at no additional expense to the Company.' Rule 38 is a special role relating to
week end visits home by floating gang employes and is governing
over general Rule 27 in the specific matter of week end visits home.
It was never intended that Rule 38 have any such restriction as
you are contending. It is a rule designed for the benefit of the
employes assigned to floating gangs so they could get home and be
with their families a reasonable amount of time. In this case the
work schedule referred to was adopted at the request of the majority
of the employes on the gang who lived on the north end of the
railroad while the gang was working at Indiantown, Florida (near
West Palm Beach), who would
otherwise have
very little time at
home on the week end account of the distance to travel and the
passenger train schedule. It was recognized in adopting Section 2
of Rule 38 that the best way to resolve the matt..^,r of these employes
making up time would be by vote of the majority of the men in the
gang. It would be almost impossible to get a unanimous vote on
such a matter, and it is pertinent to point out that the two men voting against the make-up time schedule resided in Florida.
In this case you are seeking payment by the Carrier for an
unjustified penalty payment for complying with the provisions of
Rule 38 and the wishes of almost all the employes on the gang,
even including penalty payments to the employes who voted for the
make-up time schedule and who, we feel sure, did not initiate such
claim for penalty payment. Also, we do not understand the dates
you have shown on which the gang allegedly worked mere than two
hours make up time.
For the reasons outlined the claim is without merit and is
accordingly declined."
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds 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;
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein;
This dispute was submitted ex parte by the complainant party, and
hearing was waived. Under dates of April 13, 1971 and April 16, 1971, the
parties addressed formal communications to the Secretary of the Third Division requesting withdrawal of this case from further consideration by the
Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive
Secretary
Dated
at Chicago, Illinois, this 23rd day of April 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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