NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20690
William M. Edgett, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Kansas City Southern Railway Company:
(a) Carrier violated and continues to violate the Signalmen's
Agreement, particularly Rule i, when, cc - ring on or about November 8,
1972, Carrier failed or rEllsdd to compensate monthly-rated Signal Maintainer K. A. Sanders, who '&m
to be ill, in accordance with applicable provisions of the Rule.
(b) Carrier should now pay Signal Maintainer K. A. Sanders
full time for ten (10) workdays, beginning November 8, 1972, or the first
workday which Claimant was unable to work due to his illness. Carrier
should also pay Claimant Sanders half time beyond the first ten days of
his illness, for all workdays in 1972, not exceeding sixty, on which he
is unable to work due to his illness. In the event Claimant's illness
extends into 1973, Carrier shall pay Claimant half time for all workdays,
not exceeding sixty, on which he is unable to work due to the illness,
starting with the first workday in 1973. (Carrier File: 013.31-127)
OPINION OF BOARD: Claimant was injured in an off-the-job accident and
was forced to lay off for a period of time. The
employees take the position that Rule 76 provides compensation for employees so injured. That Rule r
"Rule 76 - Monthly Rated Employees
"An employee assigned to the maintenance of a section
who does not return to home station daily, and employees
regularly assigned to perform road work may be paid on
a monthly basis.
"Such employees shall, however, be assigned one regular
rest day per week, Sunday if possible, and pay rules applicable to other employees shall apply to se
or construction work not required on Sunday prior to
September 1, 1949 will not be required on the sixth day
of the work week.
Award Number 20755 Page 2
Docket Number SG-20690
"The monthly rates payable to such employees shall be
the rates in effect August 31, 1949, reduced by $2.43
per month, and future wage adjustments shall be made on
the basis of 313 eight-hour days per calendar year (313
x 8 = 2504). The straight time hourly rate will be
arrived at by multiplying the monthly rate by 12 and
dividing by 2504. No overtime is allowed for time worked
in excess of eight hours per day on assigned work days.
On the other hand, no time is to be deducted unless the
employee lays off of his own accord or because of sickness
or accident. In case of sickness, full time shall be allowed for a period of not to exceed eight and
(8-1/3) days in any calendar year and half time shall be
allowed beyond such eight and one-third (8-1/3) day limit
for a period not to exceed fifty (50) days in any calendar
year.
"Salaries of other employees paid on a monthly basis shall
be determined in the same manner.
"The regularly assigned road men under the provisions of
this rule may be used, when at home point, to perform signal
shop work in connection with the work of their regular
assignments.
"While away from home point, employees will be paid necessary expenses.
"If it is found that this rule does not produce adequate
compensation for certain of these positions by reason of
the occupants thereof being required to work excessive
hours, the salary for these positions may be taken up for
adjustment."
Rule 76 clearly shows that the parties intended to deduct time
when an employee laid off on his own accord, when an employee was off because of sickness, and when
and this provision is found iu the following sentence at the end of paragraph 3 of the Rule:
"In case of sickness, full time shall be allowed for a
period not to exceed eight and one-third (8-1/3) days in
any calendar year and half time shall be allowed beyond
such eight and one-third (8-1/3) day limit for a period
not to exceed fifty (50) days in a calendar year."
I
Award Number 20755 Page 3
Docket Number SG-20690
No other exception is stated, and the Board would be violating
the basic principles of contract construction if it were to add another
exception by its interpretation of Rule 76. This we may not do and
accordingly we must deny the claim.
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: ~
Executive Secre` rr
Dated at Chicago, Illinois, this 18th day of July 1975.