NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-19614
Arthur W. Devine, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE: (
(The Denver and Rio Grande Western Railroad Company
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
(a) The Denver and Rio Grande Western Railroad Company, hereinafter
referred to as "the Carrier" violated the Agreement in effect between the parties,
Rule 7(e) thereof in particular, by its failure and refusal to properly compensate Train Dispatcher
a formal investigation on February 3, 1969 and by its failure and refusal to
properly compensate Train Dispatcher Loyd Lynch for service performed as a Carrier
witness at a formal investigation on February 5, 1969.
(b) Carrier shall now compensate Claimants Clemons and Lynch the difference between what has been al
the provisions of Rule 7(e) of the Agreement.
OPINION OF BOARD: The claimants were required by the Carrier to attend investi
gations as witnesses on their assigned rest days. The Car
rier paid the claimants in accordance with Rule 2(d), which reads:
"RULE 2. HOURS OF SERVICE - OVERTIME CALLS
(d) Train dispatchers notified or called to perform work not
continuous with their regular work period will be allowed a
minimum of three (3) hours for two (2) hours' work or less at
pro rata rate and if held on duty in excess of two (2) hours,
time and one-half will be allowed on the minute basis".
The Petitioner is claiming eight hours pay for each claimant under the
provisions of Rule 7(e) which reads:
"RULE 7 - ATTENDING COURT
(e) Train dispatchers who, at the request of the company attend court or appear as witnesses for the
of their assignment, or if an extra train dispatcher, at trick
train dispatcher's daily rate for each day so engaged with a
maximum of eight (8) hours for each calendar day. Necessary
actual expenses while away from headquarters will be allowed.
Any fee or mileage accruing will be assigned to the Carrier."
Award Number 19309 Page 2
Docket Number TD-19614
Employes attending investigations as witnesses on behalf of a Carrier are performing a service f
on assigned rest days, it is proper for it to be paid for under the call rule,
Rule 2(d), as it is work not continuous with the employes' regular assignment.
Rule 7(e) covers attendance at court which is not involved here (See Award
17164).
As the claimants have been paid in accordance with Rule 2(d), no
further payment is due.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
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
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
41
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June 1972.
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