NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21115
Frederick R. Blackwell, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System General Committee of the Brotherhood
of Railroad Signalmen on the Chicago and North Western
Transportation Company:
(a) On October 16, 1973, the Carrier violated the current Signalmen's Agreement, particularly th
Supervisor A.F. Chexveny denied travel time to Gang Foreman D. C. Stuckey
traveling from one work point to another.
(b) The Carrier now be required to compensate him for this time
under provisions of the above Memorandum.
/Carrier's file: 79-3-122/
OPINION OF BOARD: On Friday, October 5, 1973, the Claimant Signal Foreman
was working with Signal Crew No.2 at Sergeant Bluff, Iowa.
After Crew No. 2 finished its work at Sergeant Bluff on Friday morning, the
Signal Supervisor instructed the crew members to travel from Sergeant Bluff
to Boone, the crew's headquarters, during regularly assigned hours on Friday,
and to travel from Boone to Lowden, Iowa, the crew's next work point, during
regularly assigned hours on Monday, October 8, 1973. The Claimant made the
first leg of the travel itinerary during regularly assigned hours, traveling
from Sergeant Bluff to Boone on Friday, October 8. He was then absent from
work due to illness for a week, October 8 through 12, and' returned to work
on Monday, October 15, 1973. He traveled from Boone to Lowden outside of
regularly assigned hours on Monday, October 15, but he made no communication
with the Signal Supervisor or any other official before making the trip.
The Claimant submitted a claim for travel expense for the Boone to Lowden
trip, which claim has been denied.
The Employes submit that the claim is supported by the parties'
memorandum agreement of December 23, 1969, which, in pertinent part, reads
as follows:
"C. Travel from one work point to another.
1. Time spent in traveling from one work point
to another outside of regularly assigned hours or
on a rest day or holiday shall be paid for at the
straight time rate."
Award Number 1072 Page 2
Docket Number SG-21115
The foregoing text is not applicable to the instant facts, because
the Claimant, himself, made the decision to travel outside regularly assigned
hours. The subject text simply does not confer, either expressly or implicitly,
such decision-making authority on the employes. The only communication between
the Signal Supervisor and the Claimant on the subject of travel was a directive for the Claimant, as
Lowden during regularly assigned hours. This directive was issued on Friday,
October 5, and the Claimant was not justified in acting at variance with the
directive merely because he was absent from work for a week. If the Claimant
had any notion that there was a reason for him to travel by a method contra to
the method prescribed by the Supervisor's directive, he was obliged to present
his reason to the Supervisor or other authority so that supervision could decide the matter. His fai
15, 1973 travel the character of a voluntary, unauthorized act. Such voluntary acts, according to nu
the kind presented here. Awards Nos. 12907, 17172, 17702, and 19839. The
claim will be denied.
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
61"Zo
woo By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 19th day of flay 1976.