NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19888
Irwin M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc. (Formerly Chicago, Burlington
( & Quincy Railroad Company)
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.
Award Number 19893 page 2
Docket Number MW-19888
FINDIMS: 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 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
That the Agreement was not violated.
A N A R D
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,