NATIONAL RAILROAD ADJUSTMENT HOARD
Award Number 22263
THIRD DIVISION Docket Number SG-22052
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Ccmmpany
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Missouri Pacific
Railroad Company:
On behalf of Signal Maintainer V. Smith, Pine Bluff, Ark.,
for 2.7 hours Class 3 time (time and one-half a mechanic's rate of pay)
account being called at 6:25 a.m. prior to his regular starting time
of 7:00 a.m. on September 12, 1975 to work on Communication Line Wire
trouble, but was only paid 35 minutes at the 6vertime rate."
ZC-arrier file: S 225-69g
OPINION OF BOARD: Claimant is a regularly assigned Signal Maintainer
who is headquartered at Pine Bluff, Arkansas. His
regular hours are 7:00 A.M. to 4:00 P.M. On September 12, 1975 Claimant
was called to repair a communication line prior to his regular starting
time. Claimant commenced work at 6:25 A.M. and worked through his regular
hours. The Carrier compensated Claimant at time and one-half for thfrty
five (35) minutes.
The Claimant alleges that under rule
308
he was entitled to
be paid a minimum allowance of two (2) hours and forty (40) minutes.
The Carrier contends that it acted in accord with the
Agreement when it paid Claimant time and one-half for 35 minutes under
rule 304(b) in that the work performed by Claimant was continuous with
his regular working hours.
Rules 308 (a) and (b) and 304 (b) read as follows:
"RULE 308
CALLS: (a) Employes released from duty and notified
or called to perform work outside of and not continuous
with regular working hours will be paid a minimum allowance of two (2) hours and forty (40) minutes
Award Number
22263
Page 2
Docket Number SG-22052-
"and one-half rate; if held longer than two (2) hours and
forty (40) minutes, they will be paid at the rate of time
and one-half computed on the actual minute basis, until
the double time rate becomes applicable as provided in
Rule
3o6.
(b) The time of employes so notified in advance
will begin at the time required to report. The time of an
employe called will begin at the time called. The time of
an employe notified or called will end at the time released
at headquarters."
nRUf~E
304
t
~t , .~ .~ a. .~ at
(b) Overtime hours, either prior to or following
and continuous with regularly established working periods,
shall be computed on the actual minute basis and paid for
at the rate of time and one-half."
The work performed by Claimant prior to his regular hours was
continuous with his regular working hours and within the scope of
rule
304.
Accordingly we find that the Claimant was properly compensated and deny the claim.
FINDINGS: The Third Division of the Adjustment Hoard, 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.
Award Number 22263 Page 3
Docket Number SG-22052
A W A R D
Claim denied.
NATIGTAL RAILROAD ADJiRS9HM HOARD
BY Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 12th day of January
1979.