(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

Foreman A. E. Carlisle, Laborers D. L. Zlomke, J. R. Miller and J. J. Beruman each be allowed payment for a call (2-2/3 hours' pay at time and onehalf rate) as compensati (2-15-71) to accept delivery of their paychecks which were due on Friday, February 12, 1971. (System
OPINION OF BOARD: Claimants were members of a section gang based at Frannie,
Wyoming with a work week of Monday through Friday. The regular payday was the fifteenth and thirtieth of each month. February 15, 1971 was a holiday (a Monday) and Claimants were not scheduled to work on that day. Carrier instructed its agent at Frannie to keep the station open, to "work a call" on Monday February 15th in order to deliver pay checks. Claimants did come to pick up their checks on February 15th and the claim herein is for payment of a call to them for this effort on their holiday.

Claimants argue that they had a right under the Wyoming Administrative Act to receive their checks o on State Laws, having no jurisdiction in that area. As a concomittant of the above argument, Claimants contend that the Carrier required them to come in for their checks on Monday February 15th by virtue of not paying them on Friday. Further, it is argued that employees cannot be expected to perform gratuitous services for Carrier. Apparently also, the Organization feels that since Carrier paid the Agent at Frannie for distributing the checks on February 15th, Claimants also should be pai
The record contains no evidence that Carrier required Claimants to come to the station on February 15th, nor is any rule cited which supports the position taken by Petitioner. Picking up pay checks, we find, is not performing a service for Carrier; this activity is not "work performed" as used in the Agreement and hence is not compensable.







That the Carrier and the L~rq)loyes 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





        Claim denied.


                          NATIONAL RAILROAD ADJUST14ENT BOARD

        ~ By Order of Third Division


        ATTEST: ~~-~~i Exe~cut ve Secretary


Dated at Chicago, Illinois, this 8th day of August 1973,