NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-20802
(Brotherhood of Railway, Airline and .
( Steamship Clerks, Freight Handlers,
Express and Station Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-762o) that:
1. Carrier violated the Clerks' Rules Agreement when it arbitrarily deducted 20 minutes' pay from Mr
he was late for work through no fault of his own (Carrier's File 280-761).
2. Carrier shall now be required to compensate Mr. J. A. Rod.
riquez $2.09, which was deducted from his wages on Carrier's payroll for
the second period of July 1973.
OPINION OF BOARD: This claim turns on the meaning of the word "voluntary"
in that part of Rule 21 of the controlling Agreement
which reads as follows:
"RULE 21
DAY'S WORK, HOURS OF SERVICE AND WORE WEEK
Part 1 - Day's Work and Hours of Service
(a) Day's Work.
Except as otherwise provided in the agreements between
the parties, eight consecutive hours or less, exclusive of
the meal period, shall constitute a day's work for which
eight hours' pay will be allowed.
Employes will not be compensated for time lost voluntarily."
(Emphasis added)
There is no dispute regarding the basic facts out of which the
claim for 20 minutes pay ($2.09) arises. Claimant, J. A. Rodriquez, holds
a regular assignment as Material Clerk in Carrier's Storeroom in Houston,
Texas, with regular hours of 6:30 A. M. to 3:00 P.M. , Monday through Friday.
On the morning of Wednesday June 13, 1973 Claimant was driving his automobile to work when one of Ca
leading into the shop area from the booth. After waiting in vain some 20
minutes for the train to clear the intersection Claimant turned
around,
took another route, entered the shop area from the north and reported for
Award Number 20965 page 2
Docket Number CL-20802
work at approximately 6:50 A. M., some 20 minutes after his regular assigned
starting time. Carrier docked Claimant's pay for the 20 minutes on the
ground that be had lost the time "voluntarily" under Rule 21 supra. The
instant claim was filed by Petitioner on behalf of Claimant on August 20,
1973
and was handled without resolution through all stages of appeal on
the property.
The question at issue is whether time lost due to Carrier's train
blocking for some
30
minutes one of two ingress routes to the shop area is
time lost "voluntarily" by the employe. Carrier urges that the phrase
"Employee will not be compensated for time lost voluntarily" means that
Carrier need not
pay
employee for any time worked less than
8
hours a day
unless the time lose is caused by Carrier's refusal or failure to permit
employee to work their regularly assigned hours. All other tardiness,
irrespective of the reason therefore, e.g., traffic accident, weather,
detours, Carrier categorizes as "voluntary" under Rule 21, Expanding on
this theory in the instant case, Carrier contends that Claimant's "voluntary
action" in waiting some time for the train to clear the intersection was
the reason for his being late.
It seems to us that cases of this type are highly individualistic
and often turn on the particular facts in a given case. Nonetheless, we
may state some general principles which can guide us in interpreting the
contested contract clause. It seems clear to us that the voluntary time
loss proviso in Rule 21 contemplates noncompensation for lost time due to
some act of commission or omission by the employe, i-ee.,some substantial
measure of causation either by creating the situation or incident which
causes the tardiness or by failing reasonably either to avoid or extricate
himself from the delaying situation or incident.
Applying these principles to the present claim it may be seen
that Claimant left home for work early enough that but for the blocked
intersection he would have not been late for work taking his regular route
into the Shop area. The question remains whether he took reasonable
measures to avoid the delaying situation. We are not convinced that Claimant acted unreasonably in w
finally giving up and retracing his southerly route and looping around to
an alternative entrance into the shop area from the north. As noted supra
these cases are individualistic and we do not decide any case but the one
before us, but on the facts and circumstances before us we cannot conclude
that the 20 minutes time lost by Mr. Rodriquez on June
13, 1973
was done
so "voluntarily" as that term is used in Rule 21. Accordingly, we shall
sustain the claim.
FINDIAGS: The Third Division of the Adjustment Hoard, upon the whole record
and all the evidence, finds and holds:
Award Number 20965 Page 3
Docket Number CL-20802
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:~i[wI p~Gd J
Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1976.